[소유권이전등기청구사건][고집1972민(1),232]
Whether the registration of provisional disposition is cancelled by an application for cancellation of forged provisional disposition and the validity of provisional disposition is maintained.
Even if the registration of provisional disposition has been cancelled by forging an application for withdrawal of provisional disposition and submitting it to the court, the effect of provisional disposition shall continue to exist as long as it has been cancelled without relation to the intention of the person having the right to the provisional disposition.
Article 164 of the Registration of Real Estate Act, Article 714 of the Civil Procedure Act
Plaintiff
Defendant
Seoul Central District Court (71 Gohap2968) in the first instance trial
1. Revocation of the original judgment;
2. The defendant will implement the registration procedure for the transfer of co-ownership based on the sale on April 24, 1970 with respect to 3 percent (the defendant's shares) of shares in each real estate listed in the separate sheet against the plaintiff.
3. The costs of the lawsuit shall be borne by the defendant in both the first and second instances.
Order 2.3
The same shall apply to the order.
1. It is true that 1/6 of the above shares were originally owned by the non-party 1. The non-party 2's share transfer registration for the non-party 1 and the defendant's share transfer registration for the non-party 2 was completed on February 1, 1968. The non-party 1 and the non-party 2's share transfer registration for the non-party 2 were non-party 9's share transfer registration for the non-party 1 and the non-party 2's share transfer registration for the non-party 9's share for the non-party 1 and the non-party 2's share transfer registration for the non-party 1 and the non-party 2's share transfer registration for the non-party 9's share for the non-party 1 and the non-party 2's share transfer registration for the non-party 1 and the non-party 2's share for the non-party 9's share transfer registration for the non-party 1 and the non-party 1's share for the non-party 1 and the non-party 2's share.
2. The defendant's assertion that the above provisional disposition of non-party 1 was non-party 6's share in the above provisional disposition of non-party 6's title, and that the above provisional disposition of non-party 1's share in the above provisional disposition of non-party 6's name is non-party 1's non-party 6's non-party 1's non-party 6's non-party 6's non-party 1's non-party 6's non-party 6's non-party 1's non-party 6's non-party 6's non-party 1's non-party 6's non-party 6's non-party 6's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 6's non-party 6's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's share will be cancelled.
3. Accordingly, the plaintiff's principal claim against the defendant for the execution of the procedure for the registration of co-ownership transfer due to the sale on April 24, 1970 as to the shares in the name of the defendant among each of the real estate in this case against the defendant is justifiable, and therefore, the original judgment which has different conclusions is unfair, and the plaintiff's appeal is reasonable, and thus the plaintiff's claim is revoked, and the judgment is delivered as per Disposition by applying Articles 96 and 89 of the Civil Procedure Act to the burden of litigation costs.
Judges Yong-Yek, Myun (Presiding Judge)