소유권말소등기
1. The plaintiff's appeal is dismissed.
2. The plaintiff's conjunctive claim shall be dismissed at the trial.
3...
The reasoning for the court's explanation of this case is as follows. The part concerning "decision on the plaintiff's claim for cancellation of provisional registration of this case" of 6, 15, 7, and 9 of the judgment of the court of first instance, 3. The plaintiff's claim for cancellation of provisional registration of this case was examined as follows 2. Paragraph 3 is added to the judgment on the plaintiff's conjunctive claim added at the court of first instance, and Paragraph 4 is the same as the reasoning for the judgment of the court of first instance, except for addition of the judgment on the plaintiff's new claim at the court of first instance as stated in Paragraph 4.
Since the Plaintiff’s assertion of cancellation of provisional registration in the primary claim is null and void, the Plaintiff seeks cancellation of the provisional registration of this case in subrogation of C with the loan claim against C as the preserved right.
However, as the defendant and C agree to use the provisional registration of this case, the provisional registration of this case is valid between the defendant and C, and even if the plaintiff subrogated to the debtor C, the creditor's subrogation right can only be asserted within the scope of the grounds for which the debtor can assert, and it cannot be asserted based on the independent circumstances between the creditor and the third debtor. Thus, as seen earlier, the defendant still can be asserted against the plaintiff who subrogated to C by agreement on the utilization of the provisional registration of this case. Thus, the plaintiff who subrogated to C cannot assert the invalidity of the provisional registration of this case to the defendant.
Therefore, the plaintiff's above assertion is without merit.
Inasmuch as the Plaintiff’s assertion as to the conjunctive claim was revoked ex officio by the registry official because the principal registration based on the provisional registration of this case has been completed, the registration of compulsory commencement of auction of this case was subject to cancellation registration, and the Defendant, the title holder of the principal registration, constitutes a third party with an interest in the registration, and thus, is obligated under the substantive law to accept the registration
part.