The effect of registration for establishment of provisional disposition completed after provisional registration

If a principal registration of transfer of ownership has been made on the basis of a provisional registration, the person having the right to the principal registration may seek the exclusion of the provisional disposition entry registration made in the name of a third party before the principal registration of ownership was made after the provisional registration.

Article 6 of the Registration of Real Estate Act, Article 3 of the Registration of Real Estate Act

Notice of December 24, 1962, 4294 Cr. 675 (Supreme Court Decision 7981, Article 3(4)692 of the Registration of Real Estate Act; Article 175 and 55 of the Registration of Real Estate Act; Article 186 of the Civil Act); Article 71Da1832 Decided February 26, 1973 (Supreme Court Decision 10383; Article 50(2)698 of the Registration of Real Estate Act; Article 464 subparag. 7295 of the Court Gazette; Article 92 of the Registration of Real Estate Act)

Plaintiff

Defendant

Daegu District Court (80Gahap647)

The appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The execution of provisional disposition by the Defendant as stipulated in No. 21117 of May 2, 1980 against the real estate recorded in the attached list on the basis of an executory copy of the provisional disposition order, which was executed by the Daegu District Court No. 80Ka2857 against Nonparty 1, the Daegu District Court 80Ka2857, which was the provisional disposition order

Litigation costs shall be borne by the defendant.

The original judgment shall be revoked.

The plaintiff's claim is dismissed.

All the costs of lawsuit shall be borne by the plaintiff in the first and second instances.

On May 12, 1980, based on the original copy of the decision of provisional disposition with executory power over the application for provisional disposition against non-party 1 against the Daegu District Court 80Ka2857 against the non-party 1, the fact that the defendant executed provisional disposition against the non-party 1 on May 12, 1980 with respect to the real estate in this case recorded in the attached list as the sole owner of the real estate in the attached list. According to each of the evidence Nos. 1-1 and 2 (each certified copy) without dispute between the parties, the original owner of the real estate in this case was registered on October 27, 1979 for the preservation of the plaintiff and the non-party 2's joint owner's claim against the non-party 1 on May 17, 1980, the principal registration of transfer of ownership based on the above provisional registration has been completed, and the plaintiff's ownership transfer registration has no effect against the non-party 2's sole owner of the real estate in this case.

Thus, since the execution of provisional disposition on the real estate of this case is unfair based on the original copy of the provisional disposition prohibiting the disposal of the above real estate, the plaintiff's claim of this case seeking the exclusion of this case will be accepted as reasonable.

Therefore, since the original judgment is recognized to be fair and consistent with the conclusion, the defendant's appeal is dismissed, and the costs of appeal are assessed against the defendant who has lost the judgment as per Disposition.

Judges fixed ticket (Presiding Judge) Mobile Engines