소유권이전등기말소등
1. Revocation of a judgment of the first instance;
2. The Plaintiff, Defendant C, and D shall each share of 9/20 of the real estate listed in the separate sheet.
1. The reasons why the court should explain this part of the facts are as follows: the real estate in this case shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, inasmuch as the reasoning of the judgment in the first instance is the same as that of the relevant part of the reasons for the judgment, except that, on the second page of the judgment in the first instance, “the real estate in this case” shall be read as “each real estate listed in the attached sheet (hereinafter “each real estate in this case”).
2. Judgment on the ground of the Plaintiff’s claim
A. The Plaintiff’s assertion 1) did not notify the Defendants of the fact that M transferred the claim secured by the provisional registration of this case to the Plaintiff, and the Plaintiff did not consent to the assignment of the above claim, so the assignment of the Plaintiff’s claim to the Defendants is null and void because it did not meet the requisite for setting up against the Defendants, and accordingly, the instant provisional registration is also null and void. 2) The provisional registration of this case is subject to the Act on Security, etc. of Provisional Registration (hereinafter “Additional Registration”) as a provisional registration as a security registration. The Defendants completed the principal registration based on the provisional registration of this case without undergoing the liquidation procedure prescribed in Articles 3 and 4 of the Act on the Participation in the Provisional Registration, and thus, the registration of transfer of ownership
3) Therefore, the Defendants are obligated to implement the procedures for the additional registration of this case and the registration of cancellation of ownership transfer registration, which was completed with respect to shares in each of the instant real estate, to the Plaintiff. (B) The Plaintiff sold each of the instant real estate to the Defendants through H or T on his behalf, and there was an agreement between the original Defendant and M on the method of transfer of registration that the Plaintiff would be invalidated by waiver of the security right against the Plaintiff, and thus, the additional registration of this case cannot be deemed null and void.
2 M shall take precedence over a senior mortgage and the amount of delinquent taxes, etc. when each of the instant real estate was transferred to an auction.