logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016. 03. 04. 선고 2015가단119013 판결
가등기의 말소등기에 대하여 등기상 이해관계 있는 제3자로서 승낙의 의사표시를 할 의무가 있는지 여부[국승]
Title

Whether a third party who has an interest in the registration for the cancellation of a provisional registration is liable to express his/her consent on the registration.

Summary

If the reservation of sale, which is the basic contractual relationship, is rescinded, the creditor who seizes the right to claim the transfer of ownership, which is a claim under the sale reservation, does not

Related statutes

Article 108 of Civil Act

Cases

2015 Mada 119013 Cancellation of provisional registration

Plaintiff

Korea

Defendant

Ma Kima-2

Conclusion of Pleadings

February 26, 2016

Imposition of Judgment

March 4, 2016

Text

1. Of the real estate listed in the attached list, Defendant Kim Young-ok’s share in 3/7; Defendant Kim Young-ok’s share in 2/7 shares; Defendant Kim Young-ok’s share in 2/7 shares; and the registration procedure for cancellation of the transfer of ownership, which was completed by receipt No. 31053 on November 13, 1989, shall be implemented against each buri-type.

2. The costs of lawsuit are assessed against the Defendants.

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Evidence (A through A4);

2. Indication of claims: To be as specified in attached Form 1;

3. Defendant Kim Young-ok and Kim Jong-soo: Judgment based on the constructive confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act).

Defendant

Kim Mana: Judgment by service (Article 208(3)3 and Article 194 of the Civil Procedure Act)

§ 196)

arrow