[소유권이전등기][공1990.3.15(868),515]
Where the market price at the time of reservation for the sale of real estate held by provisional registration falls short of the secured claim amount, a summary of notification of the appraised value of liquidation amount under Article 3 of the Provisional Registration Security Act
If the market price at the time of reservation for the sale of real estate held by provisional registration falls short of the secured debt amount, there is no room for notification of the appraised value of the liquidation amount under Article 3 of the Provisional Registration Security Act.
Articles 1 and 3 of the Provisional Registration Security, etc. Act
Plaintiff (Counterclaim Defendant) 1 and 2 Plaintiffs, Kim Jong-soo, Counsel for the plaintiff-appellant-appellee)
Defendant-Counterclaim Plaintiff (Attorney Park Jae-hwan, Counsel for the defendant-Counterclaim plaintiff-appellant)
Seoul High Court Decision 88Na28506, 28513 (Counterclaim) decided July 5, 1989
The appeal application is dismissed.
The grounds for filing an appeal by the defendant's attorney are examined.
1. As to ground of appeal No. 1
Examining the evidence admitted by the court below in light of the records, we affirm the measures that recognized the secured obligation of the provisional registration of this case as KRW 702,00,000, and there is no ground to discuss this point as to this point because it cannot be said that there was an incomplete deliberation like the theory of lawsuit or a mistake of facts by mistake of facts against the rules of evidence.
2. As to the second ground for the application:
Article 1 of the Provisional Registration Security Act applies only when the value of the property at the time of the reservation exceeds the sum of the borrowed amount and the interest attached thereto (see Article 1 of the same Act). As duly determined by the court below, in this case where the market price at the time of the reservation for the sale of real estate secured by provisional registration of this case does not exceed KRW 566,647,40,00, which is the amount of the secured debt, as the market price at the time of the reservation for the sale of the real estate secured by provisional registration of this case, the amount of KRW 702,00,000, which is the amount of the secured debt, there is no room for the court below to notify the liquidation amount under Article 3
Ultimately, the judgment of the court below to the same purport is justified and there is no reason to discuss the opposing opinion.
In addition, the judgment of the court below is not deemed to include important matters concerning the interpretation of statutes, and thus, the application for permission of an appeal is dismissed. It is so decided as per Disposition by the assent of
Justices Lee Chang-chul (Presiding Justice)