가등기말소
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On May 16, 2018, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from C on May 16, 201, and completed the registration of the transfer of ownership on June 4, 2018 by each Daejeon District Court, Daejeon District Court, as the receipt No. 25436, Jun. 4, 2018.
B. At the time of the Plaintiff’s purchase of each of the instant real estate, on April 10, 2017, the registration of the right to request the transfer of ownership based on the same date reservation was completed under the name of D on the same date.
The Defendant acquired the right to claim the transfer of ownership from D, and completed the provisional registration transfer registration of the right to claim the transfer of ownership (hereinafter “provisional registration of this case”) on April 11, 2019 by the Daejeon District Court registry office, Daejeon District Court No. 17226, which received on April 11, 2019.
(c)
On May 6, 2020, Daejeon Metropolitan City accepted each of the instant real estate on May 6, 2020, completed the registration of transfer of ownership on May 26, 2020, and accordingly revoked the provisional registration of this case.
[Grounds for Recognition] Unsatisfy, Gap evidence No. 2, Eul evidence No. 2 (including each number), the purport of the whole pleadings
2. The plaintiff asserted that the provisional registration of this case was completed through a false declaration of intent, or that the security should be cancelled because the registration was completed without any cause. Since the provisional registration of this case was already cancelled, the defendant asserted that the lawsuit of this case seeking cancellation of the above provisional registration of this case had no interest in the lawsuit, and therefore, it is therefore deemed that there was no interest in the lawsuit.
In the course of a lawsuit seeking the cancellation of registration, where the period, etc. has already been cancelled due to any other reason, there is no legal interest in seeking cancellation (see Supreme Court Decision 2004Da50044, Sept. 28, 2005, etc.). As seen earlier, the provisional registration of this case where the Plaintiff sought cancellation by the lawsuit of this case was cancelled on May 26, 2020.
Therefore, this paper seeks the cancellation of the above virtual flag against the defendant.