가등기의 피담보채권은 변제함로써 소멸된 것이므로 가등기권자 및 등기상 이해관계 있는 피고들은 가등기의 말소 및 이에 대한 승낙 의무 있음[국패]
Since the secured claim of provisional registration is extinguished by repayment, the person holding the provisional registration and the defendants interested in the registration have the obligation to cancel the provisional registration and to accept it.
Since the secured claim of the provisional registration of this case was extinguished upon the repayment by the Plaintiff, Defendant KimB is obligated to cancel the provisional registration of this case to the Plaintiff, and Defendant Republic of Korea, the third party having interest in the registration, is obligated to accept the cancellation of the provisional registration of this case to the Plaintiff.
National Tax Collection Act
2013 Gaz23388 Gaz. 23388 Gaz.
AAA
1. KimB; 2. Korea
November 29, 2013
December 20, 2013
1. The Plaintiff:
A. Defendant KimB performed the procedure for registration of cancellation of the provisional registration of the right to claim ownership transfer, which was completed on September 22, 201 by the receipt No. 61420 on September 22, 2011, with respect to each real estate listed in the separate sheet;
B. The defendant Republic of Korea has expressed his/her intention to accept the registration of cancellation of the above right to claim ownership transfer.
2. The costs of lawsuit are assessed against the Defendants.
Cheong-gu Office
The same shall apply to the order.
1. Facts of recognition;
A. On September 21, 2011, the Plaintiff decided to borrow OOB from Defendant KimB. As security, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter referred to as “the provisional registration of this case”) on September 22, 201, with the Suwon District Court of Suwon District, Suwon District Court of Seoul Branch of Branch Branch of Branch Branch of Branch of Branch Branch of Branch Branch of Branch Office of September 22, 2011, as the receipt of No. 61420 on September 22, 2011.
B. However, on September 21, 2011, Defendant KimB lent OB preferentially to the Plaintiff, but did not actually lend OB that was intended to further lend. The Plaintiff repaid OB to Defendant KimB on December 31, 201.
C. On February 3, 2012, Defendant Republic of Korea issued an attachment disposition (property 1-308) on the above claim for ownership transfer, and subsequently additionally registered the provisional registration of this case on February 8, 2012.
[Grounds for Recognition: Facts without dispute; entries in Gap's Evidence 1, 2, 4, and 5; testimony of a witness in good faith; defendant KimB's personal examination result; purport of the whole pleadings]
2. Determination
According to the above facts, the provisional registration of this case is a provisional registration for securing the loan claims against the plaintiff of defendant KimB, and since the OOOOOO on the provisional registration of this case was extinguished by the plaintiff's repayment on December 31, 2011, the defendant KimB has a duty to cancel the provisional registration of this case to the plaintiff, and the defendant Republic of Korea, a third party with interest in the registration, has a duty to accept the cancellation of the provisional registration of this case to the plaintiff.
Therefore, all of the Plaintiff’s claims against the Defendants are accepted.