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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 27, 2002, the Plaintiff filed a provisional registration for preserving the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) on August 27, 2002 with respect to the land size of 288.3 square meters (hereinafter “the instant real estate”) owned by Nonparty F, Nam-gu, Incheon Metropolitan City E, which was owned by Nonparty F.
B. On March 10, 2014, F asserted that the Plaintiff did not exercise its right of completion for ten (10) years from the time the Plaintiff entered into the said reservation, and filed a lawsuit against the Plaintiff, etc. claiming for cancellation of the provisional registration for ownership transfer claim against the Incheon District Court 2014Kadan16509.
On October 30, 2014, the above court sentenced F to the effect that “the Plaintiff would cancel the provisional registration of this case to F,” and the above judgment became final and conclusive as it is.
(hereinafter referred to as “related judgments”) C.
Since then, the provisional registration of this case was cancelled on May 29, 2015 on the grounds of relevant judgment.
[Ground for Recognition: Facts without dispute, evidence Nos. 5 B or 4-1, 2-2, purport of the whole pleadings]
2. Defendant D forged the relevant judgment and the confirmation and certification source of the said judgment and deleted the provisional registration of this case.
Therefore, the cancellation registration of the provisional registration of this case is null and void.
Therefore, the defendants are interested parties in the registration, and have a duty to express their consent with respect to the registration of restoration of provisional registration of this case.
3. We examine ex officio the legality of the instant lawsuit.
In addition, Article 59 of the Registration of Real Estate Act provides that "if there is a third party who has an interest in the registration in the case of an application for restoration of cancelled registration, the consent of such third party shall be required." The term "third party who has an interest in the registration" of the above provision refers to a person who is likely to sustain a loss by making a registration of restoration of cancellation and who is recognized in the form of the existing registration.