가등기의 본등기절차이행청구
1. Revocation of the first instance judgment.
2. The plaintiff's action against the defendant A shall be dismissed.
3. The plaintiff's defendant B.
1. As to each of the instant real estate, the fact that Defendant A completed a provisional registration (hereinafter referred to as “provisional registration”) with the Changwon District Development Registry No. 6713 on June 23, 2014 (hereinafter referred to as “Provisional Registration”) on the ground of the pre-sale agreement (hereinafter referred to as “pre-sale agreement”) on June 18, 2014, following Defendant B’s provisional registration (hereinafter referred to as “pre-sale agreement”) was completed on October 14, 2014 on the ground that the pre-sale agreement was made on October 15, 2014 (hereinafter referred to as “second pre-sale agreement”) with the Changwon District Court Development Registry No. 11630 on October 15, 2014, may be recognized by taking into account all the descriptions in evidence No. 1 and No. 8.
2. The plaintiff's assertion
A. On April 28, 2017, the Plaintiff exercised the right to complete the second purchase and sale reservation against Defendant B, thus exercising the right to complete the first purchase and sale reservation against Defendant B in subrogation of Defendant B in order to preserve the right to claim the principal registration of ownership transfer against Defendant B.
B. Therefore, as to each of the instant real estate, Defendant B is obligated to perform the principal registration procedure of transfer of ownership based on the completion of the 2nd promise on April 28, 2017, based on the 2010 A’s registration; and Defendant A is obligated to perform the principal registration procedure of transfer of ownership based on the 1A registration, which was concluded on April 28, 2017, based on the 1nd registration.
3. Determination
A. The Plaintiff was the 2nd provisional registration as a provisional registration for security.
Therefore, pursuant to Articles 3 and 4 of the Provisional Registration Security Act (hereinafter referred to as the "Provisional Registration Security Act"), in order for a plaintiff who is a creditor to acquire ownership of real estate for the purpose of security by exercising a security right under a security contract, the court shall notify the defendant B, etc., who is the debtor, of the appraised value of the liquidation amount under Article 4 of the Provisional Registration Security Act after the due date of payment of the claim. The notification must specify the appraised value of the real estate at
In addition, the plaintiff is the value of real estate at the time of the notification.