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(영문) 부산고등법원 2019.09.25 2019나52518
청구이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why this Court shall state this part of the basic facts are as follows, and therefore, it shall accept it by the main sentence of Article 420 of the Civil Procedure Act, in addition to the dismissal or addition as follows.

The term "130 million won" in the second 16th sentence of the first instance court shall be "130 million won".

The following shall be added to the third eightth sentence of the first instance court:

(6) On November 4, 2015, the Plaintiff filed a lawsuit seeking the registration of ownership transfer and the cancellation of the establishment registration of the instant neighboring association with the Ulsan District Court Decision 2015Da62172, Nov. 4, 2015. On November 25, 2016, the Ulsan District Court rendered a judgment dismissing the Plaintiff’s claim against the appellate court on the ground that “The instant provisional registration constitutes a provisional registration under the Provisional Registration Security Act (hereinafter “Provisional Registration Security Act”) and completed the instant provisional registration without undergoing liquidation procedures prescribed in the Provisional Registration Security Act, and thus, the instant registration of ownership transfer is null and void in violation of the Provisional Registration Act.” On the other hand, the Plaintiff’s appeal was dismissed on the ground that “FF association constitutes a bona fide third party who was unaware of the fact that the instant ownership transfer registration was made in violation of the Provisional Registration Security Act,” and the Plaintiff’s appeal was dismissed on the ground that the Plaintiff had no legal interest in the instant provisional registration under the Family Court Decision 2016Na24127, Nov. 16, 2017.

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