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(영문) 수원지방법원 2021.03.09 2020가단555514

가등기말소

Text

1. The Plaintiff:

A. Defendant B is the Suwon District Court with respect to the shares of 1/2 of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On January 12, 1979, the Plaintiff was finally a real estate in the attached list due to the change of the name of the administrative district after the change of the administrative district.

On January 12, 1967, the registration of the transfer of ownership was completed on January 12, 1967 with respect to the real estate of this case, regardless of whether it was before or after the change of the name of the administrative district.

B. On April 12, 1986, Defendant B, along with D, completed the registration of the right to request the transfer of ownership based on the pre-sale agreement (hereinafter the above right to request the transfer of ownership) with the Suwon District Court’s receipt on April 12, 1986, from No. 13825 to April 10, 1986.

(c)

The defendant Republic of Korea completed the registration of seizure on April 13, 2005 on the ground of the attachment on June 17, 2004 due to the attachment on June 14, 2004 (the headquarters of the Dong Office of Disposition) and the attachment on March 25, 2005 (the headquarters of the Dong Office of Disposition).

【Defendant B: deemed confession (Article 150(3) and (1) of the Civil Procedure Act)

2. The assertion and judgment

A. According to the above findings of the determination as to the cause of the claim, Defendant B’s right to claim the transfer of ownership against the Plaintiff, which is a right under the provisional registration of this case, extinguished after the lapse of the exclusion period of 10 years from April 10, 1986, which is the date of reservation for sale on the ground of registration

must be viewed.

Therefore, barring any special circumstance, Defendant B is obligated to perform the procedure for the cancellation registration of the instant provisional registration against the Plaintiff. Defendant Republic of Korea is a third party who has an interest in the registration of the instant provisional registration and is obligated to express his/her consent to the cancellation registration of the instant provisional registration.

B. Defendant Republic of Korea asserts that the exclusion period does not apply where the provisional registration of this case is a security registration, but the instant provisional registration does not apply to the determination of Defendant Republic of Korea’s assertion.