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Of the instant lawsuit, the part concerning the land indicated in attached Forms 1, 2, 3, and 4 shall be dismissed.
The remainder of the plaintiff (the appointed party).
Reasons
Attached Form
The plaintiff claiming land 1 to 4 times asserts that since one-third of the shares in the defendant's shares in the land listed in attached Table 1 to 4 are trusted in the name of the defendant D, the defendant is obligated to perform the procedure for the transfer registration of ownership with respect to one-third of the shares in each of the above land.
However, there is no authority for the plaintiff Na-ray to file a lawsuit on the legal relationship of each of the above lands by D. Therefore, the plaintiff's claim for this part is an incidental law.
Attached Form
The Plaintiff filed a claim for the land indicated in No. 5, was owned by the net F (hereinafter “the Deceased”). The Defendant asserts that the registration of ownership transfer should be cancelled on March 23, 2001 due to the wrongful use of the name of the Deceased’s seal as well as the donation, on the ground that the Defendant’s registration of ownership transfer should be cancelled.
However, the evidence submitted by the Plaintiff alone is difficult to recognize the fact that the Defendant completed the registration of transfer of ownership by using the deceased’s seal imprint certificate without authority. Therefore, the Plaintiff’s claim for this part is unacceptable.
Meanwhile, the defendant asserts that the defendant cannot seek implementation of the procedure for cancellation registration against the defendant since he is the owner of the above land at present. However, the registration for which the plaintiff seeks implementation of the procedure for cancellation registration is the transfer of ownership in the defendant's name made on March 23, 2001, and the implementation of the procedure for cancellation registration shall be against the registration owner (see Supreme Court Decision 93Da39225, Feb. 25, 1994). The plaintiff in the land listed in attached Form 6, as stated in attached Table 6, claims against the land and building on the land stated in attached Form 6, is purchased from H, and since the defendant obtained a false confirmation and registered the preservation of ownership under the Act on Special Measures for the Registration, etc. of Real Estate, the above registration shall be cancelled.
However, the evidence submitted by the plaintiff alone is difficult to recognize that the defendant has completed the registration of preservation of ownership in accordance with the above law by using a false confirmation document.