지분소유권이전등기의말소등기
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. The reasoning of the judgment of the court of first instance cited in this case is the same as that of the corresponding part of the judgment of the court of first instance, except for the part which is dismissed or added as follows. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure
2. Whether the Defendant’s obligation to register the cancellation of ownership transfer in relation to the instant land 1, 2, and 4 (hereinafter in this paragraph “instant land”) as follows is recognized for the parts to be removed or added from the judgment of the court of first instance from 12 to 20 pages 19 of the judgment of the court of first instance (1).
(A) According to Article 4 of the Addenda to the Act on the Ownership and Management of Aggregate Buildings (Act No. 3725, April 10, 1984), Article 20 of the Act on the Ownership and Management of Aggregate Buildings (Act No. 3725, Apr. 11, 1987), which prohibits a separate disposition of section for exclusive use and right to use site from April 11, 1987, is effective, and if the section for exclusive use and right to use site are separately disposed of before the enforcement of the Act, the separate disposition is valid.
The term "disposition" in this Regulation refers to a juristic act that directly aims at the change of a right, and the transfer of ownership or the creation of a security right is subject to this.
(B) On July 30, 1985, E completed the registration of ownership transfer with respect to the instant land, and completed provisional registration on July 30, 1985 to preserve the right to claim ownership transfer.
8.22. The provisional registration completed the principal registration based on that provisional registration.
E newly constructed the instant apartment, and completed registration of ownership preservation in its name with respect to the section for exclusive use of the instant apartment on January 16, 1987.
The provisional registration of the name D and the principal registration based on it may be deemed to have been completed in order to transfer ownership to D as they are the content of the registration or in order to secure a loan claim against D E after the enforcement date of the Provisional Registration Security Act (hereinafter “Provisional Registration Security Act”) (hereinafter “Provisional Registration Security Act”).
The above provisional registration.