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(영문) 수원지방법원 2017.12.01 2017나57226
소유권이전등기
Text

1. The plaintiff's appeal and the preliminary claim added by this court are dismissed, respectively.

2. Appeal costs and interest.

Reasons

1. The scope of the appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's judgment

2. The plaintiff's grounds for appeal as to the primary claim (citing the judgment of the court of first instance) are not significantly different from the allegations in the court of first instance, and the fact-finding and decision of the court of first instance as to the primary claim are justified even after closely examining the evidence submitted in the court of first instance.

Therefore, the reasoning of the judgment of this court on the primary claim is identical to that of the judgment of the court of first instance.

3. Determination on additional claims

A. The provisional registration of this case, which is a preliminary claim, was established by an agreement between the Defendant and the Plaintiff to transfer the ownership of the instant real estate to secure the risk of acquiring D’s transfer, which is a weak meaning of transfer.

Therefore, the Defendant is obligated to implement the principal registration procedure based on the completion of the settlement of attribution on the instant real estate, or implement the principal registration procedure based on the exercise of security rights.

B. A contract of transfer for security within a weak meaning is a contract under which ownership of real estate is transferred for the purpose of securing obligations, but a subsequent settlement procedure is scheduled.

If a contract of transfer for security has been concluded within a weak meaning, but the transfer for security has not been completed within such time limit, the creditor may request the execution of the transfer for ownership as to the collateral, but in this case, the claimant is liable to prove that there was an agreement of transfer for security at this time.

The Defendant’s written evidence Nos. 3, 5, and 6 alone is a refund of the purchase price to the Plaintiff E.

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