가등기말소등기절차이행
1. The instant lawsuit shall be dismissed.
2. Of the costs of lawsuit, 1/2 shall be borne by the Plaintiff, and 1/2 by the Defendant, respectively.
The Plaintiff filed the instant lawsuit seeking cancellation by asserting that the provisional registration of the Defendant’s right to claim ownership transfer on the Plaintiff’s share in each real estate listed in the separate sheet was made for securing Nonparty C’s obligation to borrow loans against the Defendant.
However, since the Defendant’s cancellation of the above provisional registration on January 31, 2017, which was pending in the instant case, the instant lawsuit was unlawful on the grounds that the Plaintiff had no interest in seeking cancellation of the provisional registration by filing a lawsuit.
Therefore, the lawsuit of this case shall be dismissed, in consideration of the above circumstances, and the costs of lawsuit shall be borne by the plaintiff and the defendant one-half. It is so decided as per Disposition.