In case where a lawsuit for cancellation of ownership transfer registration is filed and the pre-announcement registration is made pursuant to the lawsuit for cancellation of ownership transfer registration, and a provisional disposition is filed with the third party's right to the claim for cancellation of ownership transfer registration before the judgment in favor of the plaintiff becomes final and conclusive, whether the above provisional disposition holder is liable to express his/her intention to accept the registration of cancellation of ownership transfer registration based on the final and conclusive judgment of the above claim for cancellation (affirmative); and whether the above final judgment

In a case where a lawsuit seeking cancellation of ownership transfer registration is instituted, and the registration for cancellation is completed, and the claim for cancellation of ownership transfer registration by a third party is made before the judgment in favor of the plaintiff becomes final and conclusive, and the provisional disposition registration for prohibition of disposal, which is made by the third party as the preserved right, has a duty to express his/her consent to the registration of cancellation. In this case, the third party who has an interest in the third party, is obliged to make a third party to make a declaration of consent to the registration of cancellation, unless there are special circumstances. In this case, the third party's right to be preserved or its final and conclusive judgment should comply with the procedure for cancellation of ownership transfer registration of the same kind. Accordingly, the third party's above provisional disposition decision is to realize the preserved right based on the above final and conclusive judgment, so the judgment

Articles 40(1) and 171 of the Registration of Real Estate Act, Article 714(1) of the Civil Procedure Act

Suwon Construction Co., Ltd. (Attorney Jeong Tae-tae, Counsel for defendant-appellant)

Gwangju Bank, Inc.

1. As to the building listed in the separate sheet No. 1 attached hereto to the Plaintiff, the Defendant expressed his/her intention of acceptance for each registration of cancellation of ownership transfer by shares listed in the separate sheet No. 2 attached hereto to the Plaintiff, and each registration of cancellation of ownership transfer with respect to each ownership transfer with respect to each of the shares listed in the separate sheet No. 2 attached hereto, which was completed by the Seoul District Court No. 53243, Sept. 29, 1994, and which was completed by the Seoul District Court No. 57628, Dec. 29, 1994.

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

The same shall apply to the order.

1. Facts of recognition;

The following facts are either disputed between the parties, or acknowledged by Gap evidence Nos. 1, 3, 2-1 through 3, 4-1, and 2 by integrating the whole purport of the pleading, and there is no counter-proof.

A. On September 29, 1994, the registration of preservation of ownership of the building listed in the separate sheet No. 1 (hereinafter referred to as the “instant building”) was completed by the Gwangju District Court No. 53196 on September 29, 1994 with respect to the building in the separate sheet No. 1 (hereinafter referred to as the “the building in this case”) and completed the registration of ownership transfer under the name of the non-party 2, the non-party 2 and the title transfer registration was completed by entering into a sales contract between the non-party 2 and the non-party 53243 on the same day of the court. The non-party 26 and the non-party 28 completed the registration of ownership transfer under the name of the same court as to each share in the separate sheet No. 2 as to each share in the non-party 2.

B. On June 17, 1995, the plaintiff filed a lawsuit against the non-party 1 and the non-party, etc. on the claim for cancellation of the registration of initial ownership of the building, etc., and the registration of cancellation was completed on June 26, 1995 by the above court No. 7795, and on October 31, 1996, the above pre-determination procedure for the registration of initial registration and the transfer of ownership of the non-party's name was completed, and the non-party's registration was completed on September 22, 1995 and the non-party's registration was revoked on September 22, 1995, and the non-party's appeal was dismissed on June 25, 198, the judgment of the court of Gwangju (96Na7822, the non-party 1 and the non-party 2 decided to cancel the registration of initial registration and the transfer of ownership of the non-party's name as the plaintiff 1 and the non-party 1 and the non-party 9.

C. On September 29, 1995, the defendant filed with the Gwangju District Court an application against the non-party for provisional injunction against disposal of real estate (95Kahap2988) against the non-party as the preserved right to claim the cancellation registration of ownership transfer registration against the non-party as to the building of this case, and received the decision, the provisional injunction registration was completed as of October 2, 1995 by the court No. 13197 of the same court as to the building of this case. Meanwhile, on November 16, 1996, the plaintiff received the provisional injunction against disposal of real estate of this case as of the building of this case from the same court as of November 16, 1996 by applying for provisional injunction against disposal of real estate of this case (96Kahap3411 of the case) as the contractor of the construction of the building of this case and the right to cancel the provisional injunction against the non-party as to the building of this case.

2. According to the above facts, the non-party is obligated to perform the procedure for registration of cancellation of each provisional registration and ownership transfer registration entered in the order in accordance with the above judgment in favor of the court below. The defendant is obligated to express his/her intention of acceptance to the plaintiff as to each of the provisional registration and ownership transfer registration registration of this case before the above provisional registration and ownership transfer registration cancellation becomes final and conclusive, and completed the provisional disposition registration of this case. Thus, the defendant is obligated to express his/her intention of acceptance to the plaintiff as to each of the provisional registration

3. Judgment on the defendant's defense dispute

A. Although the defendant was rendered a favorable judgment against the above provisional registration and the registration cancellation of ownership transfer registration, the defendant's above provisional disposition is disputed to the purport that the defendant cannot respond to the plaintiff's claim of this case because he completed provisional disposition registration as to the building of this case first than the plaintiff, and therefore, according to the facts acknowledged above, prior to the defendant's above provisional disposition decision, the cancellation registration as to the provisional registration and the registration of ownership transfer registration in the name of the non-party was completed. Furthermore, prior to the defendant's above provisional disposition decision, the defendant's right to be preserved against the non-party before the plaintiff's above provisional disposition decision became final and conclusive is the right to claim the cancellation registration of ownership transfer registration as to the building of this case, and the judgment of the above favorable judgment received by the plaintiff also is that the non-party should implement the procedure of registration cancellation of ownership transfer registration as to the building of this case. Accordingly, the defendant's above provisional disposition decision can not be deemed to conflict with the defendant's above provisional disposition decision.

Therefore, the defendant's above assertion on the premise that the judgment in favor of the plaintiff is contrary to the defendant's order of prohibition of provisional disposition is without merit.

B. In other words, the defendant again promised to complete the registration of creation of a neighboring mortgage on the building of this case to the defendant rather than the plaintiff, and if the claim of this case was accepted, it unfairly infringes the defendant's right to the said friendship, and thus the claim of this case cannot be permitted as it violates the good faith principle. Thus, according to the facts acknowledged above, the defendant's right to claim the cancellation of the ownership transfer registration against the non-party as the right to preserve the non-party as the right to claim the registration of establishment of a neighboring mortgage of this case against the non-party, who is the owner of the above building, as the right to claim the provisional disposition of prohibition of disposal of the building of this case, was not proved. On the other hand, the plaintiff did not have any evidence that the right to claim the registration of establishment of a neighboring mortgage of this case, which was held pursuant to Article 66 of the Civil Code, was decided to prohibit the disposal of the building of this case as the right to be preserved, and therefore the plaintiff's claim of this case was accepted, and therefore it cannot be viewed unfairly infringing the defendant's right to the above objection.

4. If so, the defendant is a third party interested in the above provisional registration and transfer of ownership registration, and is obligated to accept each procedure for the cancellation registration of each provisional registration and each transfer of ownership registration entered in the order to the plaintiff.

Judges Kim Yong-il (Presiding Judge)