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(영문) 광주지방법원해남지원 2017.11.21 2017가단20446

가등기말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff filed an application with the Seoul Central District Court for a payment order against B based on the loan claim against B acquired by the Plaintiff from Hyundai Capital Co., Ltd. on the basis of the Seoul Central District Court Decision 2017 tea and 5957. On February 2, 2017, “B shall pay to the Plaintiff 10,101,834 won and 3,250,637 won with the interest of 17% per annum from December 23, 2016 to the date of full payment” was issued and confirmed around that time.

B. Meanwhile, as to the instant real estate owned by B, the registration of the provisional registration of the right to claim transfer of ownership was completed on the ground of the Plaintiff’s provisional registration authority as to the Plaintiff’s instant real estate as of March 14, 2005 and the “sale reservation as of March 10, 2005” (hereinafter “the provisional registration of this case”), and as of the same day, under Article 2313 of the receipt of the registry office as of the same day, the Defendant was completed on the ground of “the right to claim transfer of ownership” as the mortgagee, the maximum debt amount of KRW 12,00,000, and the “contract on March 10, 2005.”

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).

B There is no special property other than the instant real property.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's evidence 1 to 4, the court's letter of Seodaemun and each order of submission of taxation information to the office of Dondo, the purport of the whole pleadings

2. As to the claim for cancellation of provisional registration of this case

A. 1) The Plaintiff’s assertion 1) The instant provisional registration should be cancelled because the Defendant’s right to complete the Defendant’s purchase and sale reservation has ceased to exist over the exclusion period of 10 years. The Defendant’s provisional registration is seeking cancellation by subrogation B in order to preserve B’s claim against B as a creditor. 2) The instant provisional registration is a provisional registration for security and its preserved claim continues to exist, and thus, it should not be cancelled regardless of the exclusion period.

B. Whether the provisional registration in question is the legal nature of the provisional registration in this case, whether the provisional registration in question is the provisional registration in question for the purpose of securing the claim.