말소회복등기에대한승낙
1. Revocation of a judgment of the first instance;
2. All plaintiffs' claims are dismissed.
3. The costs of the lawsuit are assessed against the Plaintiffs.
1. The grounds for this Court’s acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for addition and modification as follows. Thus, this is acceptable by the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary Parts]
1.No. 5. Court rulings of the first instance shall add, on the 5th page, the following:
The foregoing objection was final and conclusive by the Supreme Court on September 7, 2012 by dismissing the appeal.
2.No. 7 of the first instance judgment, the following shall be added to:
(2) In restoring a cancelled registration, the Defendant asserts that the claim in this case is unlawful, since the person subject to a security right is not a person holding a security right over the instant real estate. In this regard, Article 75 of the former Registration of Real Estate Act provides that a third party who has an interest in the cancellation registration applies for the restoration of a cancelled registration shall attach a written consent or a certified copy of a judgment that can oppose it to the application. In addition, this refers to a person who is likely to suffer damage and is recognized as having an interest in the registration and is recognized as having a concern over suffering damage by the registration of cancellation of a cancellation registration in the existing registry. Therefore, the title holder of a provisional seizure, provisional disposition, application for auction, bankruptcy, etc. completed after the cancellation registration constitutes a third party with an interest in the registration (see, e.g., Supreme Court Decision 95Da39526, Sept. 30, 1997). Therefore, the Defendant’s application for compulsory auction on the instant real estate constitutes the above third party’s interest in the registration.