소외 김AA 명의의 소유권이전청구권가등기는 원인이 없는 등기로서 무효이므로 소유권이전등기의 말소등기에 대한 승낙의 의사표시를 할 의무가 있다[국패]
Seongbuk-nam 2013Gaz. 23388 ( December 20, 2013)
Since the registration of right to claim transfer of ownership in the name of Nonparty KimA is null and void because there is no cause for the registration, it is obligated to express his/her intention of acceptance for the registration
The provisional registration of this case is the provisional registration of security to secure the claim against the plaintiff of defendant KimA. Since the secured claim of this case was extinguished upon repayment by the plaintiff on December 31, 2011, the defendant Republic of Korea, a third party having interest in the registration, has a duty to accept the cancellation of the provisional registration of this case against the plaintiff.
2014Na3648 For example, cancellation, etc. of the right to request transfer of ownership
AB (********************)**)
Korea
Suwon District Court Decision 2013Ra23388 Decided December 20, 2013
May 16, 2014
June 20, 2014
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
The defendant shall have jurisdiction over each real estate listed in the separate sheet to the plaintiff by the branch court of Suwon District Court.
For the registration of cancellation of the provisional registration of the right to claim transfer of ownership completed under No. 61420 of September 22, 2011
D. The declaration of consent will be made.
Purport of appeal
The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.
1. Quotation of judgment of the first instance;
The court's explanation on this case is identical to the defendant's part of the judgment of the court of first instance.
It shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Conclusion
If so, the plaintiff's claim is reasonable, and the judgment of the court of first instance is justified.
As such, the defendant's appeal is dismissed. It is so decided as per Disposition.