If any real estate, the provisional registration of which has been made for a share, has been made in the order of in the following order, and the principal registration on the basis of the above provisional registration has been made, and the total sum of shares of the persons holding the right to the provisional registration and junior creditors exceeds one, the method of registration for cancellation of the registration for the transfer of shares of junior creditors.

As for the portion of 12,320 among real estate, provisional registration has been made in the name of Byung and Eul with respect to the portion of 12,310 among real estate, and for the remaining one half, each ownership transfer registration has been made in order in the name of Byung, and for the portion of 1/2, in the name of Byung, and for the remaining one half, each ownership transfer registration based on the above provisional registration has been made after Byung sold the portion of 1/2, and the ownership transfer registration has been made again for Byung, so the principal registration based on the above provisional registration has to be cancelled. In a case where the sum of the above provisional registration holder, the court and the court and the court have to cancel the ownership transfer registration on the portion of junior creditors exceeds one, each of the above registrations in the name of 12/310 and 320 shares in the above real estate shall be determined in the order after the date of the initial registration, and therefore, the public official without the above rank shall cancel the ownership transfer registration in the name after the above registration and correct it within the scope of 19/10.

Article 186 of the Civil Act, Articles 5 and 72 of the Registration of Real Estate Act

Attorney Cho Young-chul et al., Counsel for the defendant-appellant

Defendant’s Attorney Park Jae-in, Counsel for the defendant

Busan District Court Decision 91Na8811 delivered on December 13, 1991

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The defendant's attorney's grounds of appeal are examined.

The court below held that the above shares were cancelled on November 30, 1978 for the non-party 1 and the non-party 2's provisional registration for the purpose of preserving the right to transfer under the name of the non-party 1 and the non-party 2, and that the non-party 3's ownership transfer registration was made in the name of the non-party 3 on December 30, 1978 for the non-party 1 and the non-party 4's shares were cancelled, and that the non-party 3's ownership transfer registration was made in the name of the non-party 1 and the non-party 4's remaining shares were cancelled on the same date on the ground that the non-party 1 and the non-party 2's shares were non-party 9's ownership transfer registration for the non-party 1 and the non-party 1 and the non-party 2 were non-party 9's ownership transfer registration for each of the above non-party 1 and the above non-party 3's ownership transfer registration for the forest.

Therefore, the defendant's appeal is dismissed and all costs of appeal are assessed against the losing defendant. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Jae-ho (Presiding Justice)