가등기말소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the allegations emphasized by the plaintiff in this court, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. Article 15 of the Defendant’s Provisional Registration Security Act (hereinafter “Provisional Registration Security Act”) provides that Article 16 of the same Act shall apply only where procedural rights are guaranteed, such as notification to a person having a provisional registration pursuant to Article 16. Since the Defendant did not receive such notification, Article 15 of the Provisional Registration Security Act does not apply to this case.
B. Article 16(1) of the Provisional Registration Security Act provides that “Where an order is issued to commence an auction, etc. of any real estate on which a provisional registration concerning the transfer of ownership is made, the court shall give a peremptory notice to the person having the right to a provisional registration, if such provisional registration is a provisional registration for security, to the effect that the content of the claim and the existence, cause, and amount of the claim, and, if it is not a provisional registration for security, to the court for a reasonable period, to report the content thereof to the court, and if it is not a provisional registration for security, to the court for a reasonable period, taking into account the necessity of prompt enforcement procedures, etc. Therefore, if a peremptory notice is given by mail delivery, the court shall give a peremptory notice under the above provision.
shall not be deemed to have suspended the enforcement procedure until it is served.
According to the evidence No. 16, the execution court served a notice of the date of distribution on or around November 27, 2015 to the defendant by mail, but it can be recognized the fact that the notice of the date of distribution was served to the defendant by mail. According to the above facts of recognition, according to Article 16 (1) of the Provisional Registration Security Act.