Right of the person having the provisional registration of transfer of ownership of real estate to a third party to cancel the principal registration

(a) Where a person liable for registration has made the principal registration of transfer of ownership of real estate to a third person after the provisional registration of transfer of ownership of real estate, the person liable for registration is entitled to demand the third person to cancel the principal registration of transfer, which is the effect of provisional registration

(b) The same effect as the book of provisional registration takes effect only when the person having the right to the provisional registration satisfies the requirements for the first time required for the principal registration application.

Article 2 of the Registration of Real Estate Act

Park hee-hee

Cho Tae-hwan et al. and 32 others

Cheongju District Court Decision 46Do46, 78 (Court of First Instance, Court of Second Instance) decided January 9, 1948

The original judgment should be destroyed.

This case is charged to the District Court of Jeonju.

The grounds of appeal are justified in light of the nature of provisional registration, and the right holder entitled to provisional registration after provisional registration cannot file a claim for cancellation of the provisional registration with the right holder entitled to the provisional registration after provisional registration unless the principal registration is accepted with respect to the person liable to make the provisional registration. Although the plaintiff's claim was rejected with the reason of the Round, there has been many precedents recognizing that the right holder entitled to the provisional registration may file a claim for cancellation of the provisional registration to a third party via the principal registration after the provisional registration, and the right holder of the provisional registration could not file a claim for cancellation without the cancellation of the principal registration after the provisional registration was completed with the previous reason, for example, the right holder of the provisional registration can make the principal registration with the cancellation of the principal registration after the provisional registration, but it is in violation of the new legal principle protecting the right holder of the provisional registration. If there is a establishment of real estate right and there is a difference between the provisional registration and the provisional registration based on the provisional registration, the original judgment should be followed by the new theory and system of the provisional registration.

The title holder of a provisional registration, when a person liable for registration registers the principal registration of the transfer of ownership of a real estate to a third party after the provisional registration of transfer of ownership of the real estate is made, may request the third party to cancel the registration. However, the effect of the provisional registration is only effective when the person holding the right to the provisional registration satisfies all the requirements necessary for the principal registration. In other words, the court below's dismissal of the plaintiff's claim on the ground that the plaintiff who received the registration of transfer of ownership after the provisional registration cannot request the cancellation of the registration of transfer against the defendant who received the registration of transfer of ownership after the provisional registration, because the person holding the right to the provisional registration fails to obtain the ownership transfer registration of the real estate yet to obtain the principal registration of the real estate, and the validity of the plaintiff's claim cannot be determined unless the plaintiff examined whether the principal registration of transfer of ownership was met.

It is so decided as per Disposition by Article 407 of the Civil Procedure Act.