가등기말소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
The Plaintiff has a claim against Nonparty B in KRW 12,443,814, and the Plaintiff completed a provisional registration as to the real estate stated in the separate sheet, which is the only property owned by oneself, stated in B, with respect to the Defendant. However, the Plaintiff asserts that the Defendant’s right to complete the purchase and sale reservation based on the above provisional registration has ceased to exist after the lapse of the exclusion period of ten years, and sought the cancellation of the above provisional registration in subrogation of B.
The provisional registration of this case is intended to prevent the defendant from voluntarily disposing of the real estate of this case which is held in title trust in the future B and to secure its return at the time of termination of title trust. Thus, it is reasonable to deem that the provisional registration of this case was intended to complete the principal registration based on the provisional registration of this case without the defendant's exercise of the right to complete a separate contract for sales and purchase, and even without the defendant's exercise of the right to complete a contract for sales and purchase at any time (see, e.g., Supreme Court Decisions 80Da2583, Mar. 10, 1981; 2001Da15170, 15187, Sept. 6, 2002; 2001Da150, 15187, Sept. 6, 2002) and the plaintiff subrogated to B, who did not seek the right to complete the sale and purchase of this case against the defendant, by asserting that the plaintiff is the owner of the right to complete the contract of this case.
Therefore, the plaintiff's assertion is without merit.
Thus, the plaintiff's claim of this case is dismissed as it is without merit.