logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.11.23 2016가합209300
소유권보존등기말소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 26, 2003, the Defendant obtained a construction permit from the competent administrative agency with regard to the new construction of apartment buildings with 247 floors in the 15th floor B and C, G, and the new construction project has been implemented.

B. The Defendant was performing the construction of the building in accordance with the above apartment permit, and the construction was suspended after the completion of only a total of 214 households building (hereinafter “instant building”) as shown in the attached Table.

C. On July 2011, the Defendant’s national bank, a creditor of the instant building, filed an application for provisional injunction against the disposal of the instant building (Seoul District Court 201Kadan6259) and subsequently accepted the provisional injunction decision from the court. Accordingly, on July 29, 2011, each registration of ownership preservation was completed as shown in the separate sheet in the name of the Defendant in the name of each household of the instant building on July 29, 201.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 3, and the purport of whole pleading

2. The Plaintiff asserts that, as the cause of the instant claim, the total progress rate of the instant building is less than 30-37%, and even until now the construction has been interrupted, each registration of preservation of ownership should be cancelled since it was null and void.B) In order to seek cancellation of registration of preservation of ownership, a person who seeks to cancel the registration must actively assert that he/she has the title to file a claim for cancellation. If such title is not recognized, the Plaintiff’s claim for cancellation cannot be accepted even if the registration of cancellation is invalid (see, e.g., Supreme Court Decision 2008Da35128, Oct. 9, 2008).

C. On this basis, the Plaintiff himself with respect to the above title.

arrow