(영문) 서울동부지방법원 2017.03.16 2016가단18990

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(영문) 서울동부지방법원 2017.03.16 2016가단18990

진정명의회복을 위한 소유권이전등기 등

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1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. On August 2, 1991, J completed the registration of ownership transfer with respect to the instant land. On April 12, 2005, J completed the registration of ownership transfer with respect to the portion of 130.05/265.24 out of the instant land.

B. On July 8, 2015, J completed the registration of ownership transfer with respect to Defendant B’s share of 2525.19/265.24 out of the instant land, and I also completed the registration of ownership transfer with respect to Defendant B’s share of 130.05/265.24 out of the instant land on the same day.

C. On July 16, 2015, Defendant B completed the registration of ownership transfer for the portion of 1446.95/265.24 out of the instant land to Defendant C, and Defendant D completed the registration of ownership transfer for the share of 1208.29/265.24 out of the instant land.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1, Eul evidence 3, the purport of whole pleadings]

2. Determination

A. (1) The Plaintiff asserts that, on the ground that each registration of ownership transfer in the name of the Defendants with respect to the land of this case is null and void as a registration inconsistent with the substantive relationship, the Plaintiff should implement the registration procedure for ownership transfer on the ground of the restoration of each real name with respect to the portion of 130.68/265.24 out of the land of this case against Defendant C to the Plaintiff, AppointF, and G, and against Defendant D H as to the portion of 130.05/265.24 out of the land of this case.

(2) On the other hand, in this case, the plaintiff and the designated parties seek the restoration of the authentic title in addition to seeking the cancellation of the registration against the current registered titleholder in a way to restore the true title of the registration (see, e.g., Supreme Court en banc Decision 89Meu12398, Nov. 27, 1990).

참조판례

-(변경)대법원 1990. 11. 27. 선고 89다카12398 전원합의체판결

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