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Main Issues
Effect of provisional registration
Summary of Judgment
A provisional registration shall be effective only in the priority preservation of the principal registration, and if the principal registration has been made later, the order of the principal registration shall be retroactive to the time of the provisional registration, and the interim disposition taken after the provisional registration shall only be invalidated to a lower order than the principal registration, and it shall not be retrospectively effective to the time of the provisional registration.
[Reference Provisions]
Article 3 of the Registration of Real Estate Act
Plaintiff, Counterclaim Defendant, and Appellant
Plaintiff
Defendant, Counterclaim Plaintiff, Appellee
Defendant 1
Defendant-Appellee
Defendant 2 and two others
Judgment of the lower court
Seoul Civil District Court Decision 80Na826,827 delivered on October 28, 1981
Text
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
Reasons
The plaintiff's grounds of appeal are examined.
According to the reasoning of the judgment below, the court below held that the provisional registration for preserving the ownership transfer registration under the name of the non-party as of October 7, 1971 with respect to the Seongbuk-gu Seoul ( Address omitted), which was originally owned by the defendant 1, was completed for the purpose of preserving the ownership transfer registration under the non-party's name as of April 4, 1972, and that the ownership transfer registration based on the above provisional registration has been completed under the non-party's name as of April 11, 1978, and that the construction of the above provisional registration was completed under the non-party's name as of December 31, 1971, and that the registration of ownership transfer was completed under the name of the non-party 1's name as of December 31, 1971, and that the provisional registration is valid under the non-party 1's name as of December 6, 1971, and it is not unlawful in the judgment of the court below as to the non-party 1's ownership and its validity.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Young-ju (Presiding Justice)