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(영문) 광주지방법원 목포지원 2006. 08. 16. 선고 2006가단10826 판결
가처분등기말소승낙[국승]
Title

Consent to cancel provisional disposition registration

Summary

As long as provisional disposition registration, which is completed on the basis of the registration of null and void ownership transfer, cannot oppose the owner of the real estate, and as long as the ownership transfer registration should be cancelled on the basis of the registration of ownership transfer invalidity, the provisional disposition holder, who has completed the provisional disposition registration on the basis of the registration of ownership transfer invalidity, has

Related statutes

Where there is any interested third party with Article 171 of the Registration of Real Estate Act.

Text

1. The defendant shall be the plaintiff.

(a) Each transfer registration of ownership completed under No. 12960 of the receipt of September 27, 1991 with respect to each real estate listed in the separate sheet No. 1 and 2;

B. As to the real estate listed in paragraph (3) of the attached list, registration of transfer of ownership completed on February 13, 198 by receipt No. 5177, Feb. 13, 198

For each registration of cancellation, a declaration of intention of acceptance is made.

2. The costs of lawsuit shall be borne by the defendant.

Purport of claim

The same shall apply to the order.

Reasons

1. Indication of claim;

The grounds for the change in the attached Form shall be as stated.

2. Judgment deemed to have been rendered for confession;

(Article 208(3)2 and Article 150(3) of the Civil Procedure Act)

[Attachment]

Indication of Real Estate

1. ○○○○ also ○○○○-gun ○○○○○○, 00-00 square meters prior to 86 square meters;

2. ○○○do ○○○○-gun ○○○○○○-ri 00-00 square meters prior to 158 square meters;

3. The end of ○○○do ○○○○-dong 000-00 square meters, which is 132 square meters.

Change in Claim Grounds

1. A. (1) On July 8, 1974, Nonparty 00: (a) borrowed the name of 00, the former wife, around the time when he/she was engaged in the affairs related to the management, sale, etc. of State property in ○○○○ Tax Office; (b) purchased the attached list 1 through 2 real estate (in ○○○○○○ ○○ ○○ Gun 00-00, 124 square meters at the same place; (c) 86 square meters at the same place; (d) 00-00 square meters at the same place; (d) 880 square meters at the same place; (e) 00-000 square meters at 158 square meters at the same place; and (e) the Plaintiff completed the registration of ownership transfer on September 27, 199 for the ground that he/she did not file an application for registration of ownership transfer with the competent district court for the prohibition of ownership transfer on 00 ○○ 97.3

(2) Meanwhile, on September 30, 1974, the non-party 00 borrowed the name of non-party 00, who was his third-party, and purchased the real estate indicated in the separate sheet and completed the registration of ownership transfer under ○○ District Court 5177 on February 13, 198. The defendant Kim 00 filed an application against the above 00 for the prohibition of disposal of real estate on the ground of preserving the right to claim for ownership transfer registration. The above court 97Kahap198 on March 11, 1997 as to the 2 real estate listed in the separate sheet by the original copy of the provisional disposition decision with the executory power of the real estate disposal case, and the plaintiff received the provisional disposition registration under 11020 on July 11, 1997 as to the above 00, and thereafter, the plaintiff obtained the judgment of the court 197Da19719 on July 11, 1997 as to the above 197.

B. In order to seek the exclusion of the execution of each of the above provisional dispositions as the real owner of each of the above real estate, the plaintiff filed a lawsuit with the third party (○○ District Court 2005Gadan9980) against the defendant as of June 23, 2005 and received the judgment in favor of the State (the plaintiff) on September 28, 2005, and the above judgment becomes final and conclusive around that time.

2. The Plaintiff is the genuine owner of each of the above real estate, and the purchase of each of the above real estate in the name of Nonparty 00 and this00 is in violation of the provisions of Article 7 of the former State Property Act, and is void as a matter of course (see Supreme Court Decision 94Do2048, Oct. 21, 1994; 94Do2048, Oct. 21, 1994). Accordingly, the registration of ownership transfer completed in the

3. Therefore, inasmuch as the registration of each of the above provisional dispositions completed in the defendant's future based on the above maximum 00 and each of the above provisional dispositions cannot be asserted against the plaintiff who is the owner of each of the real estate of this case, and the above maximum 00,000 and each of the above provisional dispositions should be cancelled, the defendant Kim 00, who completed the registration of provisional dispositions based on the registration of ownership transfer of each of the above invalidation, has the obligation to give consent necessary for the procedure for the registration of cancellation of each of the above provisional dispositions. Therefore, the plaintiff is entitled to seek a judgment against the defendant, such as the purport of the claim.

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