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(영문) 춘천지방법원영월지원 2015.09.23 2015가단781
소유권말소등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The plaintiff seeks to revoke the registration of each transfer of ownership under the name of the defendants as to the shares 4959/22060 of the real estate of this case against the defendants, and the plaintiff will examine ex officio whether the lawsuit of this case is legitimate.

According to the evidence No. 1-3-2 of this case, among the real estate No. 1 of this case, about May 14, 2013 as to 49/2060 of the Plaintiff's share and 852/22060 of the Plaintiff's share as to May 13, 2013, the ownership transfer registration under the name of Defendant B was completed on the ground of the partition of co-owned property as to May 13, 2013. However, on June 30, 2014, about 852/2060 of the above Defendant C share as to June 30, 2014, the ownership transfer registration was completed to a third party on the ground of sale by voluntary auction on June 30, 2014; on May 14, 2013, the ownership transfer registration was completed on the ownership transfer registration under the name of the Defendants No. 4959/20 and 22060/360 of the share of this case as to the Defendants No. 36136.204.

According to the above facts, it is reasonable to view that there is no legal interest in seeking cancellation of the registration already cancelled, and that there is no legal interest in claiming cancellation of each transfer of ownership in the name of the Defendants, the registration of which was already completed by the Plaintiff against the Defendants.

If so, the lawsuit of this case is unlawful and thus dismissed, it is so decided as per Disposition.

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