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(영문) 창원지방법원마산지원 2017.05.31 2016가합100034
등기명의인표시변경등기말소청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) For the attached list A on July 22, 2002

1. The registration of ownership transfer for the entered land shall be completed by means of sale on the same day, and a list in attached Form;

2. On December 5, 2003, the registration of initial ownership was completed in respect of the building entered.

(hereinafter referred to as “the combination of the lands and buildings listed in the separate sheet”) shall be each of the real estate of this case.

With respect to each real estate of this case on March 12, 2007, the registration for change of the indication of a registered titleholder C (hereinafter “registration for change of the indication of the first registered titleholder”) was completed as a result of the change of the name on March 16, 2007, the Changwon District Court Msan District Court was Musan Branch on May 10, 2007 (hereinafter “registration for change of the name of the second registered titleholder”) and the registration for change of the name of the defendant was completed as of May 24, 201 as of May 24, 2011 (hereinafter “registration for change of the name of the second registered titleholder”). The registration for change of the name of the defendant was completed as of May 30, 2007 by the receipt on May 319, 2011.

(hereinafter referred to as the "registration for change of indication of each registered titleholder of this case" in total of the registrations of Nos. 1, 2, and 3 shall be referred to as the "registration for change of indication of each registered titleholder of this case". 【The ground for recognition' is not disputed, Gap evidence No. 6-

2. Determination as to the defendant's defense prior to the merits

A. As to the instant lawsuit against the Defendant seeking the implementation of the procedure for registration of cancellation of each registration of change of the indication of each of the registered titleholders in the instant case, the Defendant did not have an entity as a non-corporate group, such as the Plaintiff’s absence of legitimate representative, and thus, the Defendant’s defense prior to the instant lawsuit was rejected.

When a non-corporate body has the ability to be a party in a civil lawsuit, it is required to have an organization to a certain extent and to be engaged in continuous activities, and its representative is required (Article 52 of Civil Procedure Act).

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