1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On August 19, 2004, the Plaintiff’s assertion entered into a sales contract with the Defendant on each real estate listed in the separate sheet (hereinafter “instant real estate”). On September 1, 2004, the Defendant completed the registration of the Plaintiff’s claim for transfer of ownership as to the Plaintiff’s share based on the purchase promise.

On February 29, 2016, the Defendant completed the registration of cancellation of the above provisional registration on the ground of the cancellation on the instant real estate, and the Plaintiff did not intend to either cancel a trade reservation or cancel a provisional registration with the Defendant, nor did the Defendant cause property damage arising from the payment of various taxes, etc. and damage arising from the progress of the auction procedure by cancelling the provisional registration as above.

Therefore, the defendant is obligated to implement the procedure for recovery registration of cancellation of the above provisional registration and the procedure for ownership transfer registration based on the above provisional registration.

2. The defendant asserts that the registration of cancellation of transfer of ownership is unlawful because the defendant, who is the right holder of the provisional registration, can unilaterally file an application for cancellation of transfer of ownership registration.

In principle, registration of general right or cancellation is subject to joint application because it affects both the legal relations of the person entitled to registration and the person liable for registration.

(Article 23(1) of the Registration of Real Estate Act. However, there is no reason to prevent cancellation of a provisional registration, in the event that the provisional registration has no effect of alteration of a right, and the provisional registration is made solely for the interest of the person having the right to the provisional registration, and that the person having the title to the provisional registration wishes to waive his own interest,

Accordingly, Article 93 of the Registration of Real Estate Act provides that a title holder of a provisional registration can unilaterally apply for cancellation of a provisional registration.

Therefore, the plaintiff is entitled to compensate for damages caused by cancellation of provisional registration, separate from seeking compensation.