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(영문) 대전지방법원 2015.04.09 2014가합104944
등기상이해관계있는제3자승낙
Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On April 7, 2005, D completed the provisional registration of the ownership transfer claim on October 5, 2002 (hereinafter “the provisional registration of this case”) with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) owned by E on April 7, 2005.

(2) On September 19, 2007, F completed the supplementary registration prior to the provisional registration that was based on the transfer of the right to claim ownership transfer registration on the same day under No. 56631 of the receipt of the same support with respect to each of the instant real estate.

(3) On February 4, 2008, the Defendant received a provisional attachment order as to the claim for ownership transfer registration of each of the instant real estate held by F in Suwon District Court Branch No. 2008Kadan621, F against E, and the provisional attachment registration was completed on April 8, 2008.

(4) On September 14, 2011, the Plaintiffs completed the registration of ownership transfer based on sale on September 14, 201, No. 56847, which was received on September 14, 2011, with respect to each of the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 4, purport of the whole pleadings

2. The plaintiffs asserted that the legitimacy of the lawsuit of this case (whether to recognize the interest of the lawsuit) is the cause of the claim of this case, and since the provisional registration of this case and the additional registration of transfer of the name F with respect to each real estate of this case become null and void, the defendant is obligated to express his/her consent to the plaintiffs when cancelling the additional registration of transfer of provisional registration in F name, as a third party with interest in the registration, in cancelling the additional registration of transfer of provisional registration in F name.

The supplementary registration before provisional registration is dependent on the provisional registration, which is the existing principal registration, and is integrated with the principal registration, so if provisional registration is null and void, it is necessary to cancel the provisional registration, which is the principal registration, and even if the supplementary registration is not separately requested for cancellation, it is cancelled ex officio by cancellation of the principal registration.

Supreme Court Decision 200

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