1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The defendant owns the real estate of this case.

B. The provisional registration of the right to claim partial transfer of ownership (hereinafter “provisional registration of this case”) was completed on July 22, 2013, on the ground of the pre-sale agreement as of June 30, 2013, on the share of 1/70 of the instant real estate, following the provisional registration of the right to claim partial transfer of ownership (hereinafter “provisional registration of this case”).

2. The gist of the Plaintiff’s assertion is that the Plaintiff did not enter into a pre-sale agreement with the Defendant on the instant real estate and did not lend money to the Plaintiff as security. Therefore, the provisional registration of this case must be cancelled as the invalidity of the cause

However, even if the provisional registration of this case was registered on October 30, 2013 by the State’s attachment registration No. 258312, which was received on October 30, 2013, and it is not possible to cancel the provisional registration of this case.

Therefore, the instant lawsuit filed a claim for the cancellation of the provisional registration of this case.

3. We examine the legitimacy of the instant lawsuit ex officio.

Article 93 (1) of the Registration of Real Estate Act provides that a title holder of a provisional registration may independently file an application for cancellation of a provisional registration.

As the Plaintiff may independently file an application for cancellation of the provisional registration of this case pursuant to the above provision, there is no benefit of lawsuit against the Defendant for the instant lawsuit claiming the implementation of the procedure for cancellation registration.

Even if the State registered the attachment of the provisional registration of this case, it cannot be said that the benefit of the lawsuit of this case is recognized solely on such grounds, with the exception of demanding the consent to the cancellation of the provisional registration of this case against the third party interested in the registration.

4. Conclusion