가등기에 기한 본등기
1. The Defendant received on August 7, 2012 from the Daejeon District Court’s official residence support with respect to the Plaintiff’s 3,025 square meters in Si-si, Si-si.
1. On June 7, 2012, the Plaintiff leased KRW 120,00,00 to D, who is the Defendant’s husband, as of December 30, 2012, with the due date set on or around December 30, 2012. The Plaintiff and the Defendant concluded a pre-sale agreement with the Plaintiff on August 7, 2012 by transferring the ownership of the real estate listed in the Disposition No. 1 (hereinafter “instant land”); the Plaintiff completed the provisional registration listed in the Disposition No. 1 (hereinafter “the instant provisional registration”) on the instant land on the ground of the said pre-sale agreement; D’s failure to perform the above loan obligation by the due date on the closing of pleadings, or by taking account of the overall purport of pleadings and evidence No. 1 through 5 (including the serial number, hereinafter the same shall apply) and evidence No. 7.
The provisional registration of this case is deemed a provisional registration of security in light of the circumstances stated in the certificate of promise for sale that the purchase price was received in full, and the fact that the plaintiff seems to have not made provisional registration only to preserve the right to claim ownership transfer registration without immediately purchase. According to the above facts of recognition, the defendant is obliged to implement the principal registration procedure of ownership transfer registration based on the provisional registration of this case with respect to the real estate of this case on December 31, 2014, based on the provisional registration of this case.
2. The plaintiff, a creditor of judgment on the defendant's assertion, asserts that in order to acquire ownership of the land of this case, the plaintiff did not undergo liquidation procedures under the Provisional Registration Security Act.
The Act on the Security of Provisional Registration, Etc. applies to cases where the value of the property at the time of the reservation exceeds the sum of the borrowed amount and the interest accrued therefrom with respect to provisional registration by the reservation prior to the transfer of property rights (see, e.g., Supreme Court Decision 2006Da5611, Jun. 15, 2007).