가등기말소
1. As to the real estate stated in the attached list to the Plaintiff, the Defendant shall make a registration office of Suwon District Court, Sung-nam Branch, 207.
1. The following facts may be acknowledged either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence Nos. 1 and 2:
The Plaintiff participated in the procedure of "Formal Auction for Liquidation" C with Seongbuk-nam Branch of the Suwon District Court on the real estate listed in the attached list (hereinafter referred to as "the real estate of this case") and acquired the ownership of all D's shares (1/7) concerning the real estate of this case.
B. The Defendant is a provisional registration holder who completed provisional registration on May 25, 2007 under the receipt No. 11574 (hereinafter “the provisional registration of this case”) with respect to the above D’s shares in Suwon District Court, Sung-nam Branch of the Sung-nam Branch of the Seoul District Court.
2. The parties' assertion and judgment
A. The Plaintiff asserts to the effect that the provisional registration of this case was “provisional registration” based on the promise to return the substitute, and thus, should be cancelled according to the above auction procedure. Accordingly, the Defendant asserts to the effect that the provisional registration of this case is not subject to cancellation because it is “provisional registration to preserve the right to claim ownership transfer” rather than “provisional registration”.
B. In light of the following circumstances that can be recognized by comprehensively considering the purport of the entire pleadings, namely, the purpose of registration of the provisional registration of this case is specified as “provisional registration for security”, and the Defendant does not submit any data by asserting that all documents related to the cause of the provisional registration of this case were lost in the process of directors, the provisional registration of this case appears to be a provisional registration for security, and therefore the provisional registration of this case should be cancelled according to the above auction procedure. Even if the provisional registration of this case is the “provisional registration for preserving the right to claim for transfer of ownership” like the Defendant’s assertion, even if the provisional registration of this case is the “provisional registration for preserving the right to claim for transfer of ownership,” it is apparent that the right to conclude the promise for return of substitute goods, which is the cause
3. Conclusion.