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(영문) 부산지방법원 2014.12.09 2014가단20659

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. On December 7, 2002, the Plaintiff entered into a sales contract with the Defendant to purchase the instant leisure building at KRW 950,000,000 (hereinafter “instant sales contract”) of the purchase price of KRW 950,000,00,000, which is owned by the Defendant (hereinafter “the instant leisure building,”). On January 10, 2003, the Plaintiff completed the registration of ownership transfer concerning the instant leisure building on January 10, 200, while paying KRW 300,000,000 out of the price.

B. In order to secure the claim amounting to KRW 200,000,000 (hereinafter “instant claim 1”), the Plaintiff completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) on December 17, 2012 by the Busan District Court’s Busan District Court’s receipt on December 23, 2002 as the receipt of the provisional registration of the right to claim transfer of ownership (hereinafter “provisional registration of this case”).

C. In order to secure the remainder of the unpaid amount of KRW 100,000,000 (hereinafter “claim 2”), the Plaintiff completed the registration of the establishment of a mortgage over the instant leisure building to the Defendant on January 14, 200, the maximum debt amount of KRW 100,000,000 with respect to the instant leisure building, the obligor, and the obligee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 2, and 3 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserts that the right to complete reservation had expired since the expiration of the exclusion period of 10 years from December 20, 203, which was the date of the provisional registration of this case, from December 20, 2003, and even if the provisional registration of this case was a provisional registration of security, the first claim of this case was extinguished after the expiration of the extinctive prescription period of 10 years from December 23, 2002, which was the date of provisional registration, or from December 20, 2003, which was the date of the completion of the provisional registration of this case, and thus, the Defendant is liable to implement the procedure for the cancellation registration

B. As to this, the Defendant’s claim Nos. 1 and 2 of this case is the sales price claim of this case.