(영문) 인천지방법원 2020.12.01 2020가단262341

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(영문) 인천지방법원 2020.12.01 2020가단262341

진정소유권회복등기

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The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff's assertion that the defendant obtained the share of this case owned by the plaintiff in the procedure for compulsory auction and completed the registration of ownership transfer. Since the judgment became final and conclusive upon receiving the judgment that the above registration of ownership transfer is null and void in the lawsuit filed against the sectional owners of the building constructed on that ground, the defendant is obligated to implement the procedure for registration of ownership transfer

2. A request for registration of transfer of ownership to recover the true title of registration to be determined ex officio shall be made by a person who has already registered his/her ownership in his/her future, or who has acquired ownership pursuant to Acts, by means of restoring the true title of registration, against the current title holder, and a person, other than the current title holder, shall not be eligible

(1) In light of the following facts, the Defendant is not a registered titleholder of the instant share as of the date of the closing of argument in the instant case, and the instant lawsuit is unlawful as it filed against a person without standing to be the Defendant without further examining the Plaintiff’s assertion, based on the following facts, comprehensively taking account of the overall purport of the pleadings in the statement Nos. 2015Da240645, Dec. 5, 2017.

① On April 14, 2006, C completed the registration of ownership transfer for the instant shares under the name of the Plaintiff.

② On July 29, 201, the Defendant was awarded a successful bid in the procedure for compulsory auction on the instant share and completed the registration of ownership transfer in his name.

③ On July 24, 2020, after the filing of the instant lawsuit, the Defendant completed the registration of ownership transfer based on the restoration of real name on October 4, 2018 in the name of C with respect to the instant shares.

3. The instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

참조판례

-대법원 2017. 12. 5. 선고 2015다240645 판결

유사 판례

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