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(영문) 전주지방법원남원지원 2015.05.20 2014가단2236
가등기말소
Text

1. The defendant on February 25, 2008, as to each real estate listed in the separate sheet to the plaintiff, the Jeonju District Court Branch of the Namju District Court.

Reasons

1. Facts of recognition;

A. On February 25, 2008, an incorporated farming association formed on February 25, 2008 the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) on each real estate listed in the separate sheet with respect to the following real estate on February 25, 2008.

B. On January 29, 2009, the Defendant completed the supplementary registration based on the provisional registration of this case with respect to each real estate listed in the separate sheet.

C. On June 3, 2014, the Plaintiff completed the registration of ownership transfer on the grounds of a transfer agreement on October 2, 2006 with respect to each real estate listed in the separate sheet.

Current provisional registration of this case is a security obligation of the incorporated farming association, which is a security obligation of the provisional registration of this case, the obligation of the (ju) Madembo-electric power of the incorporated farming association, the Association Association

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1 and 2 (including virtual numbers), and the purport of the whole pleadings

2. Determination as to the cause of action

A. An additional registration based on the transfer of a provisional registration is to specify the succession relationship based on the existing provisional registration on the registry, and as such, a claim for cancellation of a provisional registration shall be sufficient for the assignee, not on the new right by the registration, and as such, the transferor shall not be the defendant in the claim for cancellation registration. The additional registration prior to a provisional registration is subordinate to a provisional registration, which is an existing principal registration, and constitutes a whole of the principal registration, and thus, in a case where a secured obligation is extinguished, it shall be required to cancel the provisional registration, which is the principal registration, and the additional registration shall be cancelled ex officio by the cancellation of the principal registration, even if the principal registration is not separately claimed (see, e.g., Supreme Court Decision 94Da17109, Oct. 21, 1994).

According to the above facts, since the secured obligation of the provisional registration of this case was extinguished, the defendant, the transferee of the provisional registration of this case, is obligated to implement the procedure for cancellation registration of the provisional registration of this case to the plaintiff, each real estate owner listed

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