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(영문) 대전지방법원공주지원 2014.08.28 2013가단910 (1)
소유권이전등기
Text

1. The part of the lawsuit in this case that claims the implementation of the procedure for ownership alteration registration shall be dismissed;

2. The plaintiff's remaining claims.

Reasons

1. It is ex officio determined whether the part of the claim for the execution of the procedure for registration of change of ownership is legitimate.

According to the "Administration of Affairs of Joint Ownership (No. 911 of Jan. 14, 1998) of registration, if at least three persons die, the real estate in question shall be reverted to the remaining joint owners. As such, the remaining joint owners may file an application for registration of change of the joint owners of the remaining real estate, together with a document evidencing the death of the joint owners. (ii) If there are two joint owners, the real estate in question shall be reverted to the sole owners of the remaining joint owners. Thus, the remaining joint owners may file an application for registration of change of the joint owners of the remaining real estate, accompanied by a document evidencing the death of the joint owners. (iii) If part of the remaining joint owners dies between the joint owners without being registered as the joint owners of the remaining real estate, the current joint owners of the remaining real estate shall be entitled to file an application for registration of change of the joint owners of the remaining real estate, and if the registration of change of the joint owners of the remaining real estate is filed as the joint owners of the remaining one, the registration of change of the joint owners of the remaining one joint owners.

Therefore, registration of change due to the death of some of the registered titleholders for joint ownership is unlawful for seeking the implementation of the procedure by litigation, as it is impossible to think of the existence of the registered titleholder due to its nature, and such registration is conducted upon the sole application of the registered titleholder or subrogation.

(c).

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