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(영문) 청주지방법원 2020.06.04 2019가단30808
가등기말소
Text

1. The defendant received on June 9, 2004 from the Cheongju District Court, Jincheon Registry, which received on the real estate stated in the attached list from the plaintiff.

Reasons

1. The grounds for a claim shall be as specified in the attached Form;

(2) Article 208(3)3 of the Civil Procedure Act (where a provisional registration has been made to preserve the right to claim ownership transfer registration under a sales contract, the right to claim the principal registration based on the provisional registration held by the person who has the right to the provisional registration shall be deemed to have obtained a separate registration from the person who has established the provisional registration, and the right to claim the principal registration based on the provisional registration shall not be extinguished pursuant to the legal principle of confusion as a claim for the establishment of the provisional registration. However, even if a provisional registration right holder has received a separate registration of ownership transfer, if a third party-party registration on the object registered after the provisional registration is completed or the interim disposition is not registered, and the grounds for registration of provisional registration and ownership transfer are also the same in substance, the obligation of the person who has the right to claim ownership transfer registration based on the provisional registration shall be deemed to have been completed in accordance with the content of the obligation to claim ownership transfer registration, and thus the right to claim ownership transfer registration to be preserved by the provisional registration shall be deemed extinguished (see, e.g., Supreme Court Decision 2004Da595466).)

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