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(영문) 창원지방법원 통영지원 2018.08.22 2018가단23628
가등기말소회복등기 승낙의사표시 청구
Text

1. The Defendant shall receive, on November 24, 2015, the Changwon District Court registration office with respect to the Plaintiff’s 1,445 square meters of paddy field B.

Reasons

In a case where a provisional registration is cancelled without the intention of the person having the right to the provisional registration and the cause of cancellation is null and void, a third party interested in the registration is obligated to give consent necessary for the procedure for recovery registration of the person having the right to the provisional registration without asking in good faith and bad faith. A third party, who completed the establishment registration of a neighboring mortgage after the provisional registration was cancelled unlawfully, has a duty of acceptance as a third party interested in the

(1) On September 20, 201, the Plaintiff filed a lawsuit against the Defendant for the provisional registration of transfer of ownership (hereinafter “provisional registration of this case”) on September 20, 201 with respect to the real estate of this case as the registration office of Changwon District Court, Changwon District Court, the registration office of registration No. 48015, Sept. 20, 201, (hereinafter “provisional registration of this case”), and (2) around November 24, 2015, the Plaintiff revoked the provisional registration of this case by forging the power of attorney in the name of the Plaintiff and forging around December 1, 2015; and (3) around February 20, 2015, the Plaintiff filed a lawsuit against the Defendant for the execution of the provisional registration of this case with respect to the real estate of this case, and (4) around February 20, 2017.

Registration of cancellation of provisional registration of this case is registration of invalidation.

Since the Defendant obtained a right to collateral security and superficies on the instant real estate from D after the cancellation of the provisional registration of this case, the Defendant is a third party with an interest in the registration that is obligated to give consent necessary for the procedure for recovery registration of the right to the provisional registration

Therefore, the defendant is obliged to express his/her consent to the procedure for the recovery registration of the provisional registration of this case to the plaintiff.

If so,

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