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(영문) 대법원 1973. 2. 26. 선고 71다1832 판결
[제3자이의][공1973.5.15.(464),7295]
Summary of Judgment

In making the principal registration of ownership transfer on the basis of a provisional registration completed prior to the registration for which a provisional disposition has been completed, it is unnecessary to attach a letter of consent by the title holder of the provisional disposition.

Plaintiff-Appellee

Plaintiff

Defendant-Appellant

[Defendant-Appellant] Park Jae-sik, Counsel for defendant-appellant

original decision

Seoul High Court Decision 70Na2778 delivered on July 2, 1972

Text

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

Reasons

The defendant's attorney's grounds of appeal are examined.

According to the judgment of the court below, even if the above provisional disposition was rendered on August 10, 1969 by the non-party who had an obligation to pay the above amount to the non-party for the provisional disposition, the court below did not err by misapprehending the legal principles as to the provisional disposition on the transfer of ownership or by misapprehending the legal principles as to the provisional disposition on the non-party 1's provisional disposition on the non-party 4, which was based on the above provisional disposition's reasoning that the non-party's claim for cancellation of the provisional disposition on the non-party 6, which was based on the non-party 1's reasoning that the above provisional disposition had no effect on the non-party 1's claim for cancellation of the provisional disposition on the non-party 6, which was based on the non-party 4's above provisional disposition, and that the non-party 1's claim for cancellation of the provisional disposition on the non-party 1's ownership had no effect on the non-party's claim for cancellation of the provisional disposition on the non-party 2's claim for cancellation of ownership.

Justices Park Woo-won (Presiding Justice) Dog-dong (Presiding Justice)

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