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(영문) 대구지방법원상주지원 2015.01.14 2014가단8089

가등기말소

Text

1. The Plaintiff:

A. Defendant B shall receive the resident support on July 23, 2004 from the Daegu District Court with respect to the area of 506 square meters at the time of resident stay.

Reasons

1. Facts of recognition;

A. On April 31, 1994, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on the ground of sale on April 31, 1994 with respect to CJ 506 square meters (hereinafter “instant land”).

B. On July 22, 2004, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) under the receipt of No. 14256 on July 23, 2004 by the Daegu District Court resident support on the instant land on the ground of the pre-sale agreement.

C. The Defendant Republic of Korea completed the attachment registration on August 12, 201 by taking the right holder as the Gangwon Tax Office with respect to the provisional registration of this case under Defendant B’s name on account of the delinquency in tax payment by Defendant B, and completed the attachment registration on April 25, 201 by having the right holder as the Defendant Republic of Korea (the Disposition Office: the Young Tax Office), and completing the attachment registration on April 25, 2012.

[Ground of Recognition] Regarding Defendant B: Confession, deemed as confession, the fact that there is no dispute against the Republic of Korea, and entry of Gap evidence No. 1

2. According to the above facts of recognition, around August 28, 2014, which was at the time of the filing of the instant lawsuit, Defendant B’s right to conclude a pre-sale agreement with the lapse of the ten-year exclusion period. As such, Defendant B is obligated to implement the registration procedure of cancellation of the instant provisional registration to the Plaintiff, and Defendant Republic of Korea is obligated to express its consent to the registration of cancellation.

As to this, Defendant Republic of Korea asserts that the provisional registration of this case may be the provisional registration of security, and thus, the exclusion period may not be exceeded. However, even if the provisional registration of this case is the provisional registration of security, it shall be deemed that the secured claim had been extinguished due to the expiration of the ten-year extinctive prescription period from August 28, 2014, which was at the time of the filing of the instant lawsuit, around August 28, 2014. As such, Defendant B is liable to implement the procedure for the cancellation registration of the provisional registration of this case to the Plaintiff, and Defendant Republic of

3. Accordingly, we agree to accept the Plaintiff’s claim on the grounds of its reasoning.