[가처분등기회복등기이행청구사건][고집1967민,246]
Effect of execution by a declaration of provisional execution
After the provisional disposition registration is completed, the person who acquired the ownership of the real estate becomes a firm owner of the real estate, since the effect of the provisional execution by the declaration of provisional execution is different from that of the principal execution even if the above provisional disposition registration is cancelled by the judgment of revocation of provisional disposition which is declared provisional execution.
Article 469 of the Civil Procedure Act, Article 75 of the Registration of Real Estate Act
Article 741(24) of the Civil Procedure Act (Article 741(24) and Article 716(1)1100 of the summary of the decision(Article 741(1) of the Civil Procedure Act)
Plaintiff 1 and one other
School juristic persons in the Republic of Korea
Seoul Central District Court (65 Ghana10654) in the first instance trial
The appeal by the plaintiff et al. is dismissed.
Expenses for appeal shall be borne by the plaintiff, etc.
The plaintiff et al. shall revoke the original judgment.
On April 23, 10064, which was cancelled by the receipt No. 3654 on May 21, 62, 606, the defendant implemented the procedure for the recovery registration of provisional disposition that prohibits the sale, donation, mortgage, creation of lease on a deposit basis, and all other disposals of the real estate recorded in the attached list with the plaintiff et al.
The costs of lawsuit were assessed against all of the defendant through the first and second trials.
In the case of an application for provisional disposition of real estate in Seoul Civil District Court 60Ka1378, the registration of provisional disposition was cancelled on May 21, 62, 69, on the ground that the plaintiff et al. filed an objection against the above provisional disposition on April 23, 60.4. 6064, the Sungdong District Court 60.5. 62.4. 62.5. 62A1202, which declared that the above provisional disposition registration was cancelled on May 21, 62. Meanwhile, the mobilization appealed against the Seoul Civil District Court 63Na991, which was remanded to the Seoul Civil District Court 63Na91, which was revoked on October 21, 694. 6. 21, which became final and conclusive on October 21, 604.
The plaintiff et al. asserted that the provisional disposition order that the plaintiff et al. received on April 28, 600 is valid for the above registry office's receipt of provisional disposition No. 1064, and that the defendant is obligated to execute the procedure for recovery registration of provisional disposition cancelled on May 21, 62, because the registration lack of the above registry office's receipt of the above provisional disposition No. 3654, and therefore, according to Article 75 of the Registration of Real Estate Act, if the plaintiff et al. files an application for recovery of the cancelled registration, it shall be accompanied by a written consent or a certified copy of the judgment that can oppose the above decision if there is a third party with interest in the registration, as stated in subparagraph 1-2 of the above Article 1 and the above provisional disposition No. 600, May 9, 6006, the provisional disposition No. 1996, which was cancelled on the ground that the plaintiff's ownership was cancelled on the non-party's claim that the above provisional disposition No. 9 was cancelled.
Judges Kim Young-ok (Presiding Judge)