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(영문) 부산지방법원 2016.07.05 2015가단40995

소유권이전청구권가등기말소

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1. The Plaintiff:

A. As to the area of 20 square meters in Busan Seo-gu, Busan District Court, the defendant B shall make a November 2004 with respect to the area of 20 square meters in Busan Seosan-gu.

Reasons

1. Basic facts

A. On May 20, 2004, the Plaintiff: (a) acquired the ownership of the instant real estate; and (b) on November 18, 2004, on the instant real estate, on the following grounds: (c) on November 18, 2004, Defendant B made a provisional disposition order ordering the Busan District Court’s Northern District Court to make a provisional disposition registration on the instant real estate as the receipt of No. 76869 on November 18, 2004 (hereinafter “the instant provisional registration”); and (d) on the instant provisional registration, Defendant B made a provisional disposition order on the grounds of a provisional disposition order of KRW 300,00,000 for each of the instant claim (hereinafter “the instant provisional registration”).

B. On November 23, 2010, the instant real estate was sold to E and F for compulsory auction (hereinafter “instant compulsory auction”) and on May 7, 2015, and the Plaintiff acquired ownership thereof.

(hereinafter referred to as the “voluntary auction of this case”). / [Grounds for recognition] The parties concerned have no dispute, Gap evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion (1) as to the instant real estate, the compulsory auction and voluntary auction were conducted for the instant real estate, and thus, the Defendant B’s provisional registration claim was extinguished under the Act on Security, etc. of Provisional Registration.

(2) Defendant Sejong District Information Comprehensive Construction Co., Ltd. sold 12 households of the building to Defendant B, thereby repaying the obligation of provisional registration for security.

(3) A claim for provisional registration of Defendant B’s security had expired five years after the due date for payment. Even if Defendant B’s provisional registration of security was not a commercial claim, the right to complete the reservation of Defendant B had already been ten years since the exclusion period.

B. Defendant B’s assertion (1) In the compulsory auction and voluntary auction procedure of this case, the provisional registration of this case is deemed a provisional registration for the purpose of preserving the order of priority as a provisional registration for security.