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(영문) 서울남부지방법원 2012.10.24 2011가단93005
소유권확인
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Determination on the part of the main claim among the instant lawsuit

A. On February 4, 1998, the Plaintiff asserts that “The real estate indicated in the attached list (hereinafter “instant real estate”) is owned by the Defendant and is residing until now, and seeks confirmation of ownership of the instant real estate in an unregistered state against the Defendant.

B. A lawsuit for confirmation is allowed where the parties to the dispute have a benefit to immediately determine the current rights or legal relations. However, in light of the fact that even if an unregistered building is transferred, it is impossible to acquire the ownership of the building unless the registration of ownership transfer is completed, there is dispute as to the reversion of ownership of the real estate in this case

As such, this part of the lawsuit cannot be deemed unlawful because there is no benefit of confirmation.

I would like to say.

2. Determination on the conjunctive claim part among the instant lawsuit

A. On February 4, 1998, the Plaintiff purchased the instant real estate from the Defendant.

“In the state of not being registered against the defendant, the defendant asserts that the procedure for the registration of ownership transfer of the real estate in this case is to be implemented.

B. In light of the fact that the real estate in this case was not registered and that the building register, etc. under Article 65 of the Registration of Real Estate Act was not submitted, it seems impossible to complete the registration of preservation of ownership of the real estate in this case. Thus, even if the plaintiff was awarded a favorable judgment on the claim for the registration of ownership transfer of this case

As such, this part of the lawsuit is unlawful because there is no benefit of lawsuit.

I would like to say.

3. The instant lawsuit is all unlawful, and it is so decided as per Disposition.

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