Text
1. The Intervenor’s appeal is dismissed.
2. The costs of appeal are borne by the Intervenor joining the Defendant.
purport.
Reasons
1. Basic facts
A. On January 2, 2004, Suwon District Court received the Sung-nam Branch Support Registry, as the Defendant’s name on August 20, 2002, the ownership transfer registration based on sale was made on August 2002 under the name of the Defendant.
B. After that, on January 28, 2004, the Plaintiff filed a provisional registration of the right to claim transfer of ownership (hereinafter “provisional registration of this case”) on the ground of a trade reservation (hereinafter “sale reservation”) on the 27th of the same month by the receipt of the same registry office on January 28, 2004.
C. On January 13, 2009, the Intervenor was named in the name of the Defendant with respect to the instant real estate as Sungwon District Court Branch 2009Gahap453, Sungwon-nam Branch.
Although a lawsuit was filed to seek cancellation on the grounds that the registration of transfer of ownership as stated in the paragraph is null and void, the judgment was rendered on January 14, 2010, and the appellate court (Seoul High Court 2010Na21377) also rendered a judgment on December 22, 2010, the above judgment became final and conclusive on January 18, 201.
On November 27, 2012, the Defendant concluded the instant provisional registration against the Plaintiff in the capacity of the Defendant as the representative of Suwon District Court, Sung-nam Branch, 2012Kadan47660, without any authority. Moreover, the instant promise to sell and purchase was made by pretending to sell and purchase without any substance, and thus, the instant lawsuit was filed to seek cancellation of the instant provisional registration. Although the Defendant was declared against the said court on October 1, 2013, the Defendant was sentenced to a judgment against the said court on October 1, 2013. On April 18, 2014, the appellate court (Uwon District Court 2013Na44277), the Intervenor completed the registration of ownership transfer of the instant real estate and participated in the said lawsuit, and sought the cancellation of the instant provisional registration as the same cause of claim. However, the said appellate court filed both the Defendant’s appeal and the Intervenor’s claim on July 17, 2014.