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The part of the judgment of the court of first instance concerning the application for ownership transfer registration shall be revoked.
Among the lawsuits of this case, the restoration of authentic names is required.
Reasons
1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the corresponding part of the judgment of the court of first instance as stated in the following paragraph (2). Thus, this is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Paragraph 2 of the decision of the first instance (No. 6, No. 12, and No. 11) which has been written by the trial shall be as follows:
2. Determination on the claim for transfer registration of ownership
A. The registration of transfer of ownership for the restoration of the true title of registration shall be sought against the current title holder in such a way that the ownership is already registered in his/her future, or that a person who acquired ownership by law shall seek the implementation of the procedure against the current title holder by means of restoring the true title of registration (see, e.g., Supreme Court en banc Decision 89Meu12398, Nov. 27, 1990). In other words, a lawsuit for the implementation of registration procedures against a person who is not a person who loses his/her right or is not a person who is not a person (the title of registration or the general successor) due to such registration in the form of
(See Supreme Court Decision 92Da10173, 92Da10180, July 28, 1992; Supreme Court Decision 93Da39225, Feb. 25, 1994, etc.
On May 31, 2019 with respect to D land, E land, and road sections of this case after the division under the name of the defendant, there was a decision to commence compulsory sale on August 19, 2019, and a decision to commence voluntary sale on August 19, 2019, and the fact that ownership has been transferred to U corporation due to a compulsory sale by official auction on June 18, 2020 during the trial.
Therefore, with respect to D land, E land, and road of this case after division, the defendant, who is not the current registered titleholder, is seeking ownership transfer registration due to the restoration of real name.