소유권말소등기
The appeal by the plaintiff and the defendant are dismissed.
2. Of the appeal costs, the part relating to the Plaintiff’s appeal is the Plaintiff.
1. The plaintiff and the defendant's grounds of appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and in full view of the evidence submitted in the court of first instance, the fact-finding and judgment of the court of
Therefore, the reasoning of the judgment of this court is that of the first instance judgment, except for adding the following parts and the judgment equivalent to that of paragraph (2), and therefore, it is accepted by the main sentence of Article 420 of the Civil Procedure Act.
D) The part in the judgment of the court of first instance (No. 150762) shall be deemed to be “No. 157062” in the first instance judgment No. 3 8.
② On September 27, 2018, the first instance court’s sentence No. 3, 2019, stated “ September 27, 2019” as “ September 27, 2018.”
③ On the 4th page of the judgment of the court of first instance, the term “a final and conclusive judgment” in the 14th sentence is pronounced as “a final and conclusive judgment.”
④ Of the indication of real estate in the section 8 of the judgment of the first instance, among the indication of real estate in the section 2 of the judgment of the court of first instance, the term “2 stories” is added to the 111.6 square meters in the first floor (13.26 square meters in the indoor retail store) and “2 stories in the 13.54 square meters in the 84.54 square meters in the second floor.
2. The addition;
A. The principal registration based on the provisional registration of this case by the defendant's assertion is completed in accordance with the second judgment, and the provisional registration of this case is cancelled ex officio as the provisional registration of this case is completed in accordance with the registration of real estate in force as mentioned above. Thus, the plaintiff's preliminary claim is without merit.
B. In a case where a provisional registration for preserving a claim for ownership transfer registration was completed on the basis of the pre-sale agreement of real estate, if the right to complete the purchase and sale becomes extinct, such provisional registration should be invalidated and cancelled. However, if the owner of the real estate concludes a new trade pre-contract with a third party and agrees to use the provisional registration which has already become invalid for preserving the claim for ownership transfer registration based thereon, and actually completed the additional registration prior to such provisional registration, the third party who completed the additional registration prior to such provisional registration shall be the owner of the real estate at any time