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(영문) 대전지방법원 2018.02.21 2017나101995
건물명도
Text

1. An appeal filed by the Plaintiff (Counterclaim Defendant) and the succeeding Defendant against the principal lawsuit by the Plaintiff (Counterclaim Defendant) and the succeeding Defendant.

Reasons

1. The reasons for the entry of this case by the court of the first instance is to substitute “attached Form III” of the written judgment of the first instance as “attached Form III” of this written judgment, changing “attached Form IV” as “attached Form VI”, and “attached Form V” as “attached Form VII”, and the reasons for the first instance judgment except for the addition or dismissal as follows are the same as that for the first instance judgment. Thus, it shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2.The following shall be added to the judgment of the court of first instance No. 9 of the part added or height next to that of the 16th judgment:

Even if the family opinion differs, if a person who has made a provisional registration to preserve the right to claim ownership transfer registration has completed the principal registration on the basis of the provisional registration, the interim disposition becomes effective due to the priority preservation effect of the provisional registration. Thus, only after the provisional registration has been completed, a lessee of a commercial building who has acquired the opposing power under the Commercial Building Lease Protection Act can not oppose the effect of lease against the person who has made the principal registration on the basis of the provisional registration (see, e.g., Supreme Court Decision 2007Da25599, Jun. 28, 2007). According to each of the statements in the evidence No. 9, No. 11, 12, and 13, Y succeeded to the effect of lease against U on May 26, 201, and Y is recognized as having completed the ownership transfer registration of U.S., and therefore, the plaintiffs can not assert opposing power according to the priority preservation effect of the provisional registration."

3. In conclusion, the judgment of the court of first instance is legitimate. Thus, all appeals against the main lawsuit of the plaintiffs and the succeeding intervenors and appeals against the counterclaims by defendant I are dismissed. It is so decided as per Disposition.

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