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(영문) 광주지방법원 2014.01.21 2013가단33824
소유권말소등기
Text

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

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

Reasons

1. The following facts do not conflict between the parties, or may be found in Gap evidence Nos. 1-1, 2, and 2 together with the purport of the whole pleadings:

E, who owned the instant real estate No. 1, concluded a sales contract with G literature on July 5, 1999 (hereinafter “instant literature”) and the instant real estate No. 1, and completed the registration of transfer of ownership as the receipt of No. 46713 on August 26, 199.

After that, among the instant text, Defendant B completed the registration of ownership transfer with the Gwangju District Court No. 119167, Jun. 20, 201 on the ground of sale on June 17, 2011.

B. On May 7, 199, the Plaintiff concluded a sales contract for the instant sentence and the instant second real estate, and completed the registration of ownership transfer as the receipt No. 25404 on May 12, 1999.

After that, among the instant text, Defendant C and D completed the registration of ownership transfer as the receipt No. 119168 of the Gwangju District Court on June 17, 201 on the grounds of sale and purchase on June 17, 2011.

2. The Defendants’ determination as to the instant safety defense is unlawful on the ground that the Plaintiff’s standing to file a claim for ownership transfer registration for F’s recovery is in the instant text, and there is no standing to file a claim against the Plaintiff, which is merely a member of the instant text, and thus, the instant lawsuit filed by the Plaintiff is unlawful

In this case, the plaintiff asserts that there is no substance in the text of this case and each registration of transfer of ownership in the future is null and void, and on the premise of this, in subrogation of E, a seller, as the buyer, the seller. As to the second real estate of this case, the plaintiff is seeking the registration of transfer of ownership based on the recovery of each F as the owner, so the standing to sue in this case is not considered to be in the text of this case.

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