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(영문) 의정부지방법원 2018.10.12 2018가단9722

소유권이전청구권가등기말소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination

A. The provisional registration of this case was completed on June 24, 2002 in the name of Young-si Co., Ltd. with respect to the apartment of this case (Evidence A 1 and 2) on September 17, 2002, in the name of Young-si Co., Ltd., the holder of the right to the provisional registration of this case was changed on September 17, 2002, and the defendant completed the principal registration based on the provisional registration of this case on the same day.

3. After September 1, 2003, the registration of ownership transfer was completed in the name of C on September 1, 2003, and the registration of ownership transfer was completed in the name of the plaintiff on January 16, 2015.

B. The plaintiff's assertion argues that the provisional registration of this case should be cancelled because the defendant completed the registration of ownership transfer as a separate ground for registration instead of the principal registration procedure based on the provisional registration of this case. This may result in various restrictions and disadvantages in exercising legitimate rights as the owner of the apartment of this case.

However, since the Defendant completed the registration of ownership transfer through the principal registration procedure based on the provisional registration of this case as seen earlier, the Defendant’s assertion on a different premise is rejected.

2. It is so decided as per Disposition by the assent of all participating Justices on the bench.