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(영문) 수원지방법원여주지원 2015.12.08 2015가단7352
가등기말소등기
Text

1. The Defendant, from the Plaintiff, on December 23, 201, filed with the Suwon District Court as to the land sizeing to 543 square meters of Gyeonggi-gun C Forest land.

Reasons

1. The grounds for the indication of the claim and the grounds for the alteration thereof shall be as stated in the corresponding column;

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;

3. In principle, the Registration of Real Estate Act provides that registration shall be applied jointly by the person entitled to registration and the person liable for registration (Article 28), but Articles 29 shall be applied jointly by the person entitled to registration and the person liable for registration (Article 28), and that registration may be applied solely by the person liable for registration, other than the person entitled to registration who won the registration and the person liable for registration who won the registration in accordance with the judgment. The case where the person liable for registration, other than the person entitled to registration and the person liable for registration, can independently apply for registration in accordance with the above Act, may escape from liability due to deposit, etc., if the creditor delays the receipt of the registration in relation to the ordinary claims and obligations, but this method may not be used in relation to the claims and obligations related to the registration. Thus, where the person liable for registration is

(See Supreme Court Decision 200Da60708 Decided February 9, 2001). Although the above case is a case for which a person liable for registration seeks to accept the application procedure against a person liable for registration of ownership transfer, registration of cancellation shall be applied jointly by the person liable for registration and the person liable for registration. In order to eliminate disadvantages arising from holding provisional registration, the Plaintiff, who is the person liable for registration of cancellation, is entitled to equally apply to this case claimed against the Defendant, who is the person liable for registration of cancellation, in order to be exempted from the disadvantage arising from holding provisional registration, and even if the Plaintiff was provided with the obligation to cancel the provisional registration of ownership transfer right, the court may order the Defendant to accept the application procedure

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