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(영문) 전주지방법원 2018.04.11 2017가단20113

가등기말소

Text

1. The Plaintiff’s answer 1,843 square meters in JJ-gun, Jeonbuk-gun, Jeonbuk-gun:

(a) As to each of the shares of Defendant B, C, H, and I:

B. Defendant D.

Reasons

1. Facts of recognition;

A. On June 1982, K extended a provisional registration on July 13, 1982, with the intention of securing the principal and interest obligation for borrowing money from L, which was based on a promise to trade as of June 28, 1982 (hereinafter “the provisional registration of this case”) issued by the Jeonju District Court No. 4807, which was the receipt of registration office of the Jeonju District Court on July 13, 1982, for the purpose of securing the principal and interest obligation for borrowing money from L.

B. The Plaintiff purchased the instant real estate from K on December 5, 1996. On March 18, 1996, the Plaintiff completed the registration of transfer of ownership under the name of the Plaintiff as the senior registry office of the Jeonju District Court received on March 18, 1996.

C. Meanwhile, upon the death of L on January 23, 2009, Defendant B, C, H, and I jointly inherited the pertinent L’s property at the ratio of 1/5 shares, and at the ratio of 3/45 shares, Defendant D’s 3/45 shares, Defendant E, F, and G, respectively, at the ratio of 2/45 shares.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. According to the facts of the above recognition, the provisional registration of this case was made for the purpose of securing a loan claim against K with the network L, and constitutes a provisional registration for security as prescribed by the Act on Provisional Registration, Security, etc.

In addition, the provisional registration of security has to be accompanied by the secured claim and the name of the secured claim due to the incidental nature with which the secured right has been secured. Since the secured claim of the net L, which is the secured claim of the provisional registration of this case, has been extinguished by the statute of limitations on July 13, 192 after the lapse of ten years from July 13, 1982, the date the provisional registration of this case was completed, which is the date the provisional registration of this case was completed, is apparent in fact. Thus, the provisional registration of this case also should be cancelled following the extinction of the statute of limitations, and the plaintiff as the owner of the real property of this case can seek the cancellation of the provisional registration of this case against the defendants, who are the heir of the above L.

3. Thus, the plaintiff's claim of this case against the defendants is justified, and all of them are accepted.