(a) Where a provisional registration has been made for preserving the right to claim ownership transfer registration in the name of multiple creditors, the form of ownership of the right to complete sale reservation (=ownership of completion);

B. Form of lawsuit by multiple provisional registration creditors against a single debtor (=necessary co-litigation)

C. A copy of the main registration of only one of multiple persons with multiple provisional registration rights (negative)

A. Where multiple creditors and debtors enter into a pre-sale agreement with multiple creditors on real estate owned by the debtor and make a provisional registration of the right to claim the registration of transfer of ownership and the preservation thereof, in order to secure multiple creditors' claims against a single debtor, multiple creditors are in a relationship with the completion of the pre-sale agreement;

B. In a case where several provisional registration creditors exercise the right to conclude a pre-sale agreement against a single debtor, namely, an expression of intent to conclude a pre-sale agreement for the debtor and an institution of lawsuit seeking the principal registration of transfer of ownership on the subject matter related thereto is an act of disposition of the right to conclude a pre-sale agreement, and since it is not an act of preservation that can be said to be a part of multiple creditors, the declaration of intent to conclude a pre-sale agreement itself shall be exercised by multiple creditors against the debtor, and all multiple creditors who have completed the right to complete the pre-sale agreement with the debtor, as a necessary co-litigation,

C. The principal registration titleholder based on a provisional registration must coincide with the title registrant of the provisional registration. As such, since some of the persons having the provisional registration could not make the principal registration for only some shares among them, it shall be interpreted that only some of the persons having the right to the provisional registration cannot make the principal registration for only some shares (in such cases, the correction of the provisional registration should be prior to the correction of the provisional registration), barring special circumstances such as waiver of the shares or the right to make a reservation.

(b)Article 262, Article 264, Article 278, Article 408, Article 607 of the Civil Code; Section 63(d) of the Civil Procedure Act; Section 3, Article 3, and Article 31 of the Registration of Real Estate Act;

Plaintiff

Defendant Oido, Attorney Oi-do

Daegu District Court Decision 83Na299 delivered on November 2, 1983

The judgment below is reversed, and the case is remanded to the Daegu District Court Panel Division.

Judgment ex officio is made.

1. The judgment of the court below held that the defendant borrowed interest of KRW 9,00,00 from the plaintiff, non-party 1 and non-party 2 on May 26, 1980 at the rate of 3.21 per month with the maturity of 5% per annum, and made a provisional registration of the preservation of the right to claim ownership transfer registration as stated in the order that was based on the promise for sale and purchase of the above loan date in the name of 3 creditors, and the fact that the defendant did not pay the above loan until the expiration of the maturity of the above contract is presumed that there is no dispute between the parties, and the plaintiff expressed his/her intention to complete the above purchase and sale reservation through the delivery of the copy of the complaint of this case to the defendant for the execution of the principal registration procedure based on the above provisional registration as to the 1/3 share of the land of this case, and even if there is no special agreement between the creditor of the provisional registration of the right to claim ownership transfer registration by lending the form of the above provisional registration as the purpose of collateral, the plaintiff can seek the execution of the procedure.

2. It is interpreted that where multiple creditors and debtors enter into a pre-sale agreement with multiple creditors as to real estate owned by an obligor and make a provisional registration for preserving the right to claim ownership transfer registration, multiple creditors are in a relationship with the completion of the pre-sale agreement.

Therefore, a lawsuit seeking the declaration of intention of the completion of a pre-contract for sale and purchase and the principal registration of transfer of ownership of an object related thereto shall be deemed an act of disposal of the right to complete the pre-contract for sale and purchase. Therefore, the declaration of intention of the pre-contract for sale and purchase shall be exercised jointly by multiple creditors against the obligor, and the obligee shall file a lawsuit seeking the principal registration procedure of transfer of ownership of the object of sale and purchase, the pre-contract for which the right to complete the pre-contract for sale and purchase has been completed, as a necessary co-litigation.

As to the instant case, the Defendant borrowed KRW 9,00,00 from the Plaintiff, Nonparty 1, and Nonparty 2, and agreed to and completed the provisional registration of the claim for ownership transfer registration of the instant real estate in the form of a sale promise in the form of a sale promise from the purport of collateral. Thus, even though the right to completion of reservation belongs to the completion of construction by the Plaintiff, Nonparty 1, and Nonparty 23, the right to completion of reservation cannot be deemed unlawful because the Plaintiff independently exercises the right to completion of reservation, and the Plaintiff independently files a lawsuit for the principal registration of ownership transfer of this case. In addition, even in the practical aspect of the registration, the principal registration titleholder based on the provisional registration must coincide with the title holder of the provisional registration. Thus, the principal registration titleholder cannot make the principal registration of only some shares among several persons having the right to completion of the provisional registration, and thus, it is interpreted that there is no special circumstance such as waiver of ownership or right to completion of reservation among those having the right to completion of a provisional registration (in this case, the establishment of provisional registration should be prior to the provisional registration).

Therefore, the judgment of the court below which accepted the claim for principal registration of 1/3 shares filed by the plaintiff only due to the exercise of the right to completion of reservation by the plaintiff, is erroneous in the misapprehension of legal principles as to the exercise of the right to completion of reservation and the necessary co-litigation (this refers to the litigation requirements). Therefore, the judgment of the court below cannot be maintained.

Therefore, the judgment of the court below is reversed and remanded. It is so decided as per Disposition by the assent of all participating Justices.

Justices Jeon Soo-hee (Presiding Justice)