1. The plaintiff's claim is dismissed.

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

Facts of recognition

Real estate stated in the purport of the claim (hereinafter referred to as the "real estate of this case") is owned by C.

C On November 26, 2008, the registration of transfer of ownership was completed to D on November 26, 2008.

On December 31, 2012, the defendant completed the seizure registration of ownership transfer claim, such as the written claim, in order to preserve and preserve the enforcement of the taxation claim against D.

The Plaintiff is a creditor against C, and around 2013, in subrogation of Gwangju District Court 2013Da63474, the Gwangju District Court rendered a lawsuit against D against D for the cancellation of the provisional registration of ownership transfer claim under the name of D on the ground that the pre-contract for the sale and purchase of the instant real estate between C and D was false representation, and D did not submit a written response, the said court rendered a judgment ordering D to cancel the provisional registration on February 13, 2014, and the said judgment became final and conclusive around that time.

[Ground of recognition] without any dispute, Gap's evidence Nos. 1, 2, and Eul's evidence Nos. 1 and 1, and the purport of the whole pleadings, the plaintiff is entitled to cancel the provisional registration of Eul's name since the pre-contract between C and D regarding the real estate of this case was due to the false indication of agreement. Thus, the provisional registration of D's name should be cancelled. The defendant, who is the title holder of the attachment registration, has the duty to express his/her consent on the above cancellation, and seek cancellation of the above seizure registration.

Article 171 of the Registration of Real Estate Act provides that "where a person has an interest in the cancellation of registration and there is a third party who has an interest in the cancellation, a written consent or a certified copy of a court judgment against it shall be attached to the application form."

However, it is a person who is formally recognized by entry in the registry that is likely to cause damage as a right holder in the registration that is likely to cause damage by making registration cancellation of the third party's disturbance with interest in the registration, and whether the third party bears the duty of consent or not.