가등기에 의한 본등기
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Part concerning a request for the performance of principal registration procedure based on provisional registration
A. On February 16, 198, the Plaintiff set up a provisional registration of the right to claim the transfer registration of ownership (hereinafter “the provisional registration of this case”) under the name of the Plaintiff on February 16, 1988 with respect to the land of E, E, E, 741 square meters (hereinafter “instant land”) in Suwon District Court’s registry office receipt of Suwon District Court on February 16, 1988, and if the Deceased fails to repay the above loan, the Plaintiff made a provisional registration of the right to claim the transfer registration of ownership (hereinafter “the provisional registration of this case”) to the Plaintiff on the basis of the provisional registration of this case, if the Deceased did not repay the loan to the Plaintiff.
However, the Deceased did not repay to the Plaintiff the total sum of KRW 279,083,287 of the principal and interest of the above loan. The Defendants, a property inheritor of the Deceased, are liable to implement the principal registration procedure based on the provisional registration of this case as to shares of 1/3 of the land of this case to the Plaintiff in accordance with the above payment arrangement.
[On the other hand, with regard to the establishment process of the provisional registration of this case, the Defendants merely concluded the provisional registration of this case in the name of the deceased, who was engaged in construction business, as a human relative for the purpose of preserving the property, and there is no monetary lending relationship between the deceased and the plaintiff.]
B. Provisional registration was completed to preserve the right to claim the registration of ownership transfer.
Even if there is no presumption that the right holder has any legal relation to a claim for the registration of ownership transfer (see, e.g., Supreme Court Decision 79Da239, May 22, 1979), it cannot be readily concluded that there was a security contract or a promise for payment in kind and satisfaction with respect to monetary obligations (see, e.g., Supreme Court Decision 63Da114, Apr. 18, 1963). A person who seeks the implementation of principal registration based on provisional registration (the Plaintiff in this case) is liable to assert and prove the existence of grounds for registration.
relevant.