소유권이전등기
1. The judgment of the first instance court, including the claims expanded and reduced in this Court, shall be modified as follows:
(e).
1. Whether the part of each of the instant lawsuits is legitimate, the Plaintiff asserts that the Defendant’s obligation to register provisional seizure and cancel the registration of establishment of a neighboring mortgage, which was established on real estate listed in Paragraph (1) of the Attached List No. 1, exists concurrently with the Plaintiff’s obligation to pay the purchase of the said real estate, and seeks implementation of each of the procedures for registration of provisional seizure as stated in the purport of the claim and registration of cancellation of the neighboring establishment
However, registration of entry of provisional seizure against real estate cannot be filed by the creditor or debtor directly against the registry official, and it is conducted by the commission of the court (see, e.g., Supreme Court Decision 2001Da84367, Apr. 12, 2002). Thus, even if the plaintiff requested revocation of provisional seizure against the creditor of provisional seizure on behalf of the provisional seizure debtor and requested revocation of provisional seizure against the creditor of provisional seizure, etc., and requested revocation of provisional seizure to the execution court, there is no legal interest in claiming cancellation of provisional seizure registration against the defendant who
In addition, a lawsuit seeking the cancellation of registration against a person who is not a person liable for registration, i.e., the person who loses his/her right by registration or is not a person who is not a person who is not a person (registration titleholder or his/her general successor) on the registry, is an unlawful lawsuit against a person who is not a party (see, e.g., Supreme Court Decision 93Da3925, Feb. 25, 1994). It is apparent in the purport of the claim that the plaintiff seeks cancellation of registration against the defendant who is not a person liable for registration on the cancellation of the registration of the neighboring mortgage (see, e.g., Supreme Court Decision 93Da392
Therefore, the claim for cancellation of provisional seizure registration and each claim for cancellation of the registration of establishment of each of the instant lawsuits is unlawful.
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