Text
1. The Seoul Central District Court’s registration office received September 19, 2016 with respect to the real estate indicated in the attached Form among the instant lawsuit.
Reasons
1. Determination ex officio prior to the draft of the (b) portion of the claim
A. The summary of the lawsuit and the Defendant shared 1/2 shares of the attached real estate indicated in the separate sheet (hereinafter “instant real estate”). However, the Defendant acquired the Plaintiff’s shares by winning a successful bid and sold all of them to C, and completed the registration procedure for transfer of ownership on September 19, 2016 by the Seoul Central District Court registry No. 191096.
The Plaintiff filed a lawsuit, such as (B) the purport of the claim, by asserting that the ownership transfer registration in the name of the Defendant with respect to one-half shares owned by the Plaintiff is null and void.
B. Although the above claim is complicated, there is no difference between the registration procedure for cancellation as to the 1/2 shares owned by the plaintiff among the registration for transfer of ownership in C. Thus, the person liable for registration to perform the registration procedure for cancellation is not the defendant but the registered titleholder C. Thus, the above claim part in the lawsuit in this case is unlawful as a lawsuit against the person who is not the person liable for registration.
(F) In short, even if the Plaintiff received the above judgment against the Defendant, since the person liable for registration is not the Defendant, since the registration officer is not the Defendant, it is bound that the registration officer return the registration application with the same contents as the judgment, and therefore, it is unreasonable to seek the above judgment). 2.
A. On July 1, 201, the Plaintiff acquired shares by winning a successful bid of 1/2 shares among the real estate indicated in the attached Form and paying the price thereof.
Attached Form
The remaining 1/2 shares of the indicated real estate were owned by D, but the defendant succeeded to it on August 8, 2014 on the ground of inheritance by agreement division.
B. In Seoul Central District Court, the Plaintiff’s share among the attached real estate indicated in the attached Form overlap over several occasions.