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(영문) 서울중앙지방법원 2019.05.21 2018나55281
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed by this court.

Reasons

1. The reasoning for the judgment on this part of the judgment on the defendant's appeal shall be cited in the judgment of the first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. We examine, ex officio, whether this part of the suit is legitimate, on the conjunctive claim added to the trial (request for the implementation of the procedure for recovery registration).

The Plaintiff’s registration of the right to a site in this case was cancelled because it infringed the F’s right, which is the creditor of the provisional disposition entered earlier, and the above provisional disposition was invalidated in violation of the prohibition of separate disposition of the right to use the site under the main sentence of Article 20(2) of the Multi-Family Building Act, and thus, the registration officer belonging to the Defendant was cancelled. Thus, the Defendant asserted that the Defendant is liable to implement the procedure of recovery registration

Article 94 (1) of the Registration of Real Estate Act provides that in cases where a provisional disposition obligee applies for the registration of transfer, cancellation or creation of rights by designating a provisional disposition obligor as a person liable for registration after the provisional disposition registration is made in order to preserve a right to transfer, cancel, or a right to claim the registration of creation pursuant to Article 305 (3) of the Civil Execution Act, the provisional disposition obligee may solely apply for the cancellation of the registration which infringes on the right of the provisional disposition obligee,

On the other hand, the registration of real estate is subject to the application of the person entitled to make a registration and the person liable for a registration, and the person liable for a registration is the person who loses his right or is disadvantaged (the title of registration or the universal successor) by the registration, which is applied for in the form stated on the registry, and the lawsuit for the registration of recovery against the

(see, e.g., Supreme Court Decision 79Da345, Jul. 24, 1979). In addition, in a case where the former registration cancelled in the restoration of cancellation registration becomes a joint application, the registration of restitution is also required.

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