소유권이전등기청구권 가등기말소
1. Of the Plaintiff’s lawsuit against Defendant B, each of Defendant C’s shares and Defendant D’s respective shares among each of the real estate listed in the separate sheet.
1. The Plaintiff: (a) determined whether part of the lawsuit against Defendant B was a claim for cancellation of the provisional registration of ownership transfer claim and each lawsuit against Defendant C, D, and E is legitimate; (b) concluded with the Plaintiff, the Plaintiff requested Defendant C to perform the procedure for cancellation of the registration of shares transferred to Defendant C, D, and E among the provisional registration of this case; and (c) sought the declaration of consent to the cancellation registration of each provisional registration of this case against Defendant C, D, and E as stated in the purport of the claim for the provisional registration of ownership transfer claim (hereinafter “provisional registration of this case”); (d) with respect to shares of 1/12, with respect to each of the 1/12 shares to Defendant D; and (e) transferred the right to claim ownership transfer based on the above exchange contract to Defendant E; and (e) completed the additional registration before the provisional registration of this case; (e) asserted that each of the shares transferred to Defendant C, D, and E was an invalid registration without the cause of the provisional registration of this case.
On the other hand, the supplementary registration before provisional registration is dependent on the provisional registration which is an existing principal registration, and thus constitutes a whole of the principal registration, so if provisional registration is null and void, the cancellation of the provisional registration which is the principal registration should be sought, and even if the supplementary registration does not separately seek for cancellation, it shall be cancelled ex officio by cancellation of the principal registration. The supplementary registration before provisional registration is specified on the registry of succession of rights based on the existing provisional registration, and as such, the supplementary registration before provisional registration is not only on the registry of succession of rights based on the existing provisional registration, but also on the registry of succession of rights by the registration, a claim for cancellation of provisional registration is sufficient for the transferee
(see, e.g., Supreme Court Decisions 94Da17109, Oct. 21, 1994; 2000Da5640, Apr. 11, 2000). Meanwhile, the other party to a lawsuit seeking acceptance for registration of cancellation is registered.