가등기말소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The defendant's acquisition of each of the real estate of this case and provisional registration of this case in the name of the plaintiff 1) the defendant stated on March 5, 1985 in the separate list owned by C (hereinafter "each of the real estate of this case").
(2) As to each of the instant real estates on October 6, 1986, the Defendant completed the provisional registration of ownership transfer on the ground of “sale on February 28, 1985,” and thereafter, the Defendant completed the provisional registration of each of the instant real estates on October 6, 1986 (hereinafter “provisional registration of this case”).
(St. 6 October 1986 received on October 6, 1986, No. 289). b.
On November 16, 1995, the Defendant filed a lawsuit against the Plaintiff seeking the implementation of the procedure for cancellation registration of provisional registration of this case under the Busan District Court 95Gahap31006, stating that “The provisional registration of this case is a registration of invalidation made in the name of the spouse without any legal ground to evade compulsory execution,” and that “the provisional registration of this case is a registration for invalidation made in the name of the spouse without any legal ground to evade compulsory execution.” (2) At the time of the Plaintiff’s living in prison in Japan, the Defendant filed the lawsuit by stating “the address of the Plaintiff” as “Seoul Yangcheon-gu F building G, and address on the registry: address on the registry: Busan Suwon-gu H: The Defendant sent the copy of the complaint and a writ of summons for the date of pleading to the above address.”
On January 25, 1996, the court of first instance sentenced the defendant's winning judgment based on the constructive confession pursuant to Article 139 of the former Civil Procedure Act (amended by Act No. 6626 of Jan. 26, 2002).
3) On March 6, 1996, the Defendant completed the procedure for the cancellation registration of the provisional registration of this case on March 6, 1996 (Seoul District Court Gangseo-gu Office of Registry of the District Court, No. 13393, Mar. 6, 1996; and thereafter, on each real estate of this case on January 6, 2000, the ownership transfer registration for the reason of “sale as of December 5, 1999,” and on September 26, 2013.