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(영문) 창원지방법원마산지원 2019.08.21 2019가단2448

가등기말소

Text

1. The claim for the cancellation registration of provisional registration and the cancellation registration shall be dismissed among the lawsuits in this case;

2. The defendant.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment with no ground for pleading (Article 208 (3) 1 of the Civil Procedure Act);

3. The supplementary registration prior to the partial rejection of a provisional registration is dependent on the provisional registration, which is an existing principal registration, and constitutes a whole of the principal registration, and thus, when the secured obligation is extinguished, the provisional registration, which is the principal registration, is sought for cancellation of the provisional registration, and the supplementary registration is cancelled ex officio by cancellation of the principal registration even without separately seeking cancellation (see, e.g., Supreme Court Decision 94Da17109, Oct. 21, 1994). The same applies to the supplementary registration for modification of the provisional registration.

(See Supreme Court Decision 2001Da4903 Decided April 13, 2001, which held that a claim for cancellation of a provisional registration is unlawful in cases where a supplementary registration of registration of ownership preservation and registration of ownership preservation is null and void, separately from cancellation of a principal registration. Therefore, the part of the claim for cancellation registration of provisional registration in the lawsuit in this case is unlawful as there is no benefit of lawsuit, and thus, it is dismissed.