소유권이전등기말소등
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 reasoning of the court of first instance’s explanation concerning the instant case is as follows, except where the Defendant added “the next 2. Additional Judgment” as to the assertion emphasized or added by the court of first instance, and thus, this is cited by the main text of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Defendant asserted that D lent KRW 200,000,000 to D around August 6, 2010, and KRW 150,000,000 around September 8, 2010. The interest accrued therefrom is KRW 120,00,000.
In addition, the Defendant paid KRW 106,00,000 as land price to the Gacheon Industrial Development Co., Ltd., the owner of the land of each of the instant real estate in lieu of D in lieu of D.
Therefore, the secured claim amount of the provisional registration of this case is KRW 576,00,000, and the defendant entered into settlement agreement with D on July 3, 2014 by setting the secured claim amount of the provisional registration of this case as KRW 510,00,000,00 and the value of each real estate of this case as KRW 408,480,00,00. Thus, the principal registration based on the provisional registration of this case is valid registration that conforms to the substantive legal relations.
B. In light of the provisions of Articles 3 and 4 of the Provisional Registration Security Act, if the principal registration based on the provisional registration for security was made in violation of the above provisions, the principal registration shall be null and void, and even if such principal registration was made by a special agreement between the person holding the provisional registration and the debtor, if such special agreement is null and void as it is unfavorable to the debtor, the principal registration shall be null and void, and if such special agreement is null and void as it is not valid within the purpose of the security, it shall not be deemed valid within the purpose of the security. However, if a person holding the provisional registration notifies the debtor, etc. of the appraised value of the liquidation amount in accordance with the procedures provided in Articles 3 and 4 of the Provisional Registration Security Act, and there is no liquidation