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(영문) 서울고등법원 2015.07.09 2015나3237
소유권이전등기말소등
Text

1. The plaintiff's appeal is dismissed.

2. The part resulting from the participation in the total cost of the lawsuit after filing the appeal.

Reasons

Basic Facts

The court's explanation on this part is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, it is accepted by the main sentence of Article 420 of the Civil Procedure Act.

The Plaintiff’s assertion as to the cause of claim 1) M did not notify the Defendants that the secured debt of the provisional registration of this case against the Plaintiff is transferred to the Defendants, and the Plaintiff did not consent to the assignment of the above secured debt. As such, the assignment of the Plaintiff’s claim to the Defendants was null and void because it did not meet the requisite for setting up against the Defendants, and accordingly, the instant additional registration is also null and void. 2) The provisional registration of this case is subject to the Provisional Registration Act (hereinafter “Provisional Registration Security Act”) as a provisional registration, which is subject to the provisional registration of this case. The Defendants completed the principal registration based on the provisional registration of this case without undergoing liquidation procedures prescribed in Articles 3 and 4 of the Provisional Registration Security Act. Therefore, the transfer of ownership registration of

3) Therefore, the Defendants are obligated to implement the procedures for the additional registration of this case and the registration of cancellation of ownership transfer registration, which was completed with respect to shares in each of the instant real estate, to the Plaintiff. 1) Whether the additional registration of this case is invalid or not, the additional registration of this case was completed due to the transfer of contract on May 1, 2004, and the Defendant and M agreed that the Plaintiff and M would transfer their contractual status to the Defendants in the contract between the Plaintiff and M.

In addition, there is no evidence to prove that M transferred the secured debt of the provisional registration of this case to the Defendants, and notified the Plaintiff or obtained consent from the Plaintiff, and thus, the supplementary registration of this case is null and void, barring any special circumstance.

2. As long as the supplementary registration of this case is invalid, as recognized earlier, as the principal registration based on the provisional registration of this case was invalidated.

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