소유권이전등기청구권가등기말소
1. The defendant shall make a registration office of the Changwon District Court with respect to C with respect to the area of 1821 square meters and the area of 942 square meters and the area of 182 square meters and the area of 182 square meters and the area of 1942
1. Facts of recognition;
A. On August 30, 2006, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) that was based on the pre-sale agreement on November 22, 2005, under Article 10484 of the Changwon District Court’s receipt of registration office on August 30, 2006, with respect to the land of this case, 1,821 square meters and E large 942 square meters (hereinafter “instant land”).
B. The Plaintiff (Appointed) and the designated parties provided labor under employment of C at the construction site of the Switzerland in the city F, but did not receive wages. The Plaintiff filed a lawsuit (2014 Ghana 10106) against the Changwon District Court Jinju Branch C claiming wages (2014da 10106).
On November 19, 2015, the above court rendered a judgment that "C shall pay to the Plaintiff (Appointed Party) KRW 2,780,00, KRW 320,00 to the Selection Party, KRW 480,00 to the Selection Party, KRW 1,080,00 to the Selection Party, KRW 1,080,00 to the Selection Party, KRW 1,240,00 to the Selection Party, KRW 1,760,00 to the Selection Party, KRW 1,760,00 to the Selection Party, KRW 1,060,00 to the Selection Party, KRW 1,00,00 to the Selection Party, and KRW 920,00 to the Selection Party, KRW 1,080,00 to the Selection Party, and KRW 1,000,00 to the Selection Party, and KRW 20,000 to the Selection Party, as it is, until February 3, 2014."
C. The Plaintiff (Appointed Party) and the appointed parties filed an application for compulsory auction with the Changwon District Court Qu for the instant land, which is the only property of C, and the said court rendered a decision to commence compulsory auction on October 19, 2016.
[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 4, the purport of the whole pleadings
2. Summary of the plaintiff (appointed party)'s assertion
A. If the provisional registration of this case is a provisional registration of sales reservation, the right to complete the sales reservation should be cancelled due to the lapse of the exclusion period of 10 years.
B. If the provisional registration of this case is a provisional registration for security, it should be cancelled because the secured debt becomes extinct due to the completion of five-year commercial extinctive prescription.
3. Determination
A. Provisional registration of the nature of the provisional registration of this case is a pre-sale promise.