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Reasons
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(영문) 서울고등법원 2015.09.24 2015나2019511
가등기회복절차에 대한 승낙청구
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The entry and cancellation of each provisional registration of the instant land 1) New IS Co., Ltd. (hereinafter “New IS”)

(C) The Seocho-gu Seoul Metropolitan Government (hereinafter referred to as the “instant land”) is the area of 470.8 square meters.

(2) The Defendant completed the registration of transfer of ownership on September 6, 2002, following the registration of new IS on September 6, 2002. The Defendant completed the registration of transfer of ownership on September 6, 2002 as Seoul Central District Court’s receipt of No. 72606 of September 6, 2002 with respect to one-half shares of the instant land (hereinafter “new IS shares”), and completed the registration of transfer of ownership on September 6, 2002 with respect to the remaining shares of 1/2 shares of New IS (hereinafter “the Defendant’s provisional registration”).

3) Since the completion of the Defendant’s provisional registration, the registration of partial transfer of shares on the ground of “Sale on October 31, 2002,” as the Seoul Central District Court No. 90616, which was received on November 13, 2002 with respect to the shares of 33.058/470 of the shares in the New IS SS (hereinafter “D partial transfer registration”).

Upon completion of the transfer registration of part of the shares of D. (2) The remaining shares of D.I.D. 171/235.4 (hereinafter “new shares of S. S. S.”) shall be the remaining shares of D. S.

(B) As to the share of 16.53/470.8 of this Court, the provisional registration of the right to claim partial transfer of shares by reason of “B’s reservation on November 25, 2002” (hereinafter “B’s provisional registration”) under Article 93924 of the same Court, which was received on November 27, 2002.

(3) The provisional registration of part of the share transfer claim(hereinafter referred to as “the provisional registration of E”) based on “the provisional registration of November 25, 2002” in No. 93925, Nov. 27, 2002, in respect of the share of 33.058/470.8, out of the share of 33.05/470.8 of the remainder of the new ISS shares, E shall be subject to the provisional registration of E.

B, shares 16.53/470.8 out of shares for which provisional registration of B and E has not been made, out of the remaining shares of new IS.

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