가등기의 말소등기절차 이행 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. D on September 17, 2008, purchased the real estate of this case in the procedure for compulsory auction (hereinafter referred to as the "first auction procedure of this case") and the defendant on October 2, 2008, the same year as to the above real estate.
9.5. The provisional registration of the right to claim transfer of ownership (hereinafter referred to as the “provisional registration of this case”) based on the trade reservation has been completed.
B. D around October 7, 2008, around 2008, completed the registration of creation of a mortgage consisting of KRW 40,000,000 with respect to the instant real property.
C. On July 10, 2012, according to the E’s request for auction, the auction procedure for the instant real estate was initiated as F by the Seoul Central District Court on July 10, 2012 (hereinafter “instant auction procedure”). On June 27, 2013, the Plaintiff purchased the said real estate at the above auction procedure.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings
2. The assertion and judgment
A. In light of the fact that the provisional registration of this case was the provisional registration of the right to claim transfer of ownership in the G name on the ground building that the Plaintiff’s assertion D had been purchased at the time of acquiring the real estate of this case, the provisional registration of this case was also the provisional registration of this case, and since the provisional registration of this case, which is the provisional registration of security, was not cancelled in the second auction procedure of this case, the Defendant
B. The issue of whether the provisional registration is a provisional registration as a security is determined by whether the provisional registration is the real purpose of collateral security, and it is not determined by the formal entry as to whether the cause of the provisional registration is a trade promise or not, or whether the cause of the registry of the pertinent provisional registration is a trade promise, or not,
(see, e.g., Supreme Court Order 98Ma133, Oct. 9, 1998). D purchased not only the instant real estate in the first auction procedure, but also 1/3 shares of the instant real estate building, around September 17, 2008.