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(영문) 인천지방법원 2017.06.22 2016나14041
소유권이전등기말소등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: the "registration of transfer of the reason for appeal" in the 2nd, 11, and 12th of the judgment of the court of first instance; the "registration of transfer of the reason for appeal" in the 2nd, 2nd, 13th of the 2nd, 2nd, 2nd, 15; the "Plaintiff" in the 2nd, 3rd and 17th of the 3rd and 18th of the 2nd, 3rd to "the defendant"; the "provisional registration division" in the 5th, 4th of the 5th and the 5th of the 5th are as stated in the part of the judgment of the court of first instance, except for adding the following judgments to the 4th of the 5th and the 5th of the 4th of the 5th of the 5th.,

【Supplementary Statement: (A) The Plaintiff argues that the Plaintiff’s establishment of the principal registration of this case on the basis of the provisional registration of this case, which was null and void in accordance with the statute of limitations on the secured claim and the appendant nature of the provisional registration security right, constitutes “use of the registration of invalidation” and thus, the Plaintiff’s establishment of the provisional registration of this case prior to the principal registration of this case constitutes “a third party having an interest in the registration of invalidation” and thus, the Defendant

Since the subrogation right of the third party obligor exercises the right against the third party obligor, the third party obligor may set up against the obligee all defenses against the obligor. However, the obligee can only set up within the scope of the obligor's defenses that the obligee himself/herself may assert, and it is not possible to assert the reason based on the independent circumstance between himself/herself and the third party obligor (see Supreme Court Decision 2009Da4787, May 28, 2009). As alleged by the Plaintiff on domestic affairs, the principal registration of this case was made through an utilization agreement between B and the defendant on the provisional registration of this case which is null and void and the Plaintiff constitutes an interested party on the registration of this case which was provisionally seized before the principal registration of this case is completed, the Defendant shall be limited to the extent.

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