1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Facts of recognition

On June 8, 2001, the provisional registration of the right to claim for the transfer registration of ownership (hereinafter “the provisional registration of this case”) was completed on June 15, 2001 with respect to the real estate of this case under the receipt of No. 19536, the ASEAN Branch Office of the Daejeon District Court on the ground of trade reservation.

On March 24, 2014, the Plaintiff completed the registration of transfer of ownership as No. 32395, which was received on May 19, 2014, for the reason of sale by compulsory auction.

Meanwhile, on the other hand, the provisional registration before provisional registration of this case was completed on the ground of the agreement on July 30, 2007, which was received on April 28, 2015 as the right holder C, No. 26201, which was received on April 28, 2015.

[Ground of recognition] We examine whether the lawsuit of this case is legitimate or not, ex officio, as to the facts without dispute, Gap evidence 1, Eul evidence 4, and the purport of the whole pleading.

The additional registration based on the transfer of provisional registration is to specify the succession relationship based on the existing provisional registration on the register, and as such, a claim for cancellation of provisional registration is sufficient for the assignee only, and the transferor is not qualified for the defendant in the claim for cancellation registration, unless the new right is created by the registration.

I would like to say.

(See Supreme Court Decision 94Da17109 delivered on October 21, 1994). The Plaintiff filed a claim for the cancellation registration of the provisional registration of this case against the Defendant on the ground that the right to complete the purchase and sale reservation, which was the cause of the provisional registration of this case, has expired over the limitation period. However, as recognized earlier, the provisional registration of this case was transferred and the additional registration, which was made to C as the holder of the right, has been completed. Thus, the claim for cancellation registration of the provisional registration of this case, must be filed against C, and the Defendant, the transferor, is not qualified

Therefore, the instant lawsuit is unlawful.

If so, the plaintiff's lawsuit of this case is unlawful and thus it should be dismissed.