The case holding that there is interest in a lawsuit as a lawsuit for future performance;

A provisional registration and transfer registration of ownership on any real estate made as a security for any obligation may be claimed for the cancellation of the principal and interest of the obligation in advance. However, if a creditor contests the amount of obligation, he/she may seek for the cancellation of the registration in advance on the condition that the principal and interest of the future obligation be repaid. This should be permitted as a lawsuit for future performance.

Article 229 of the Civil Procedure Act

Supreme Court Decision 68Da2043 delivered on June 10, 1969 (Kakadd. 523; Supreme Court Decision 17Du229(3)928 delivered on May 12, 1970 (Supreme Court Decision 8954 delivered on June 10, 196, Supreme Court Decision 70Da344 delivered on May 12, 1970 (Dakad. 8954; Decision 18Du229(5)929 delivered on June 10, 199)

Plaintiff

Defendant

Seoul Central District Court (71 Gohap7743) in the first instance trial

Among the parts of the plaintiff's conjunctive claim in the original judgment, the part against the plaintiff shall be revoked.

When the plaintiff paid 3,00,000 won to the date of full payment from July 10, 1971 to the date of full payment, the defendant paid 3,000,000 won to the plaintiff with 5% interest rate of 6,000 per annum, the defendant will implement the provisional registration to preserve the right to claim transfer of ownership due to the promise to sell and purchase as of April 9, 1971, No. 16525, No. 16525, No. 16525, No. 16525, Apr. 9, 1971, and the procedure for registration of cancellation of transfer of ownership due to the sale as of April 9, 1971.

All the costs of lawsuit shall be borne by the defendant.

The same shall apply to the order.

1. Determination on this safety defense

The defendant asserts that the provisional registration of this case below, which the plaintiff is seeking the cancellation in this case, was made for the purpose of securing the payment of KRW 4,575,00 for the plaintiff's loan to the defendant, and KRW 449,734 for the loan of this case, KRW 5,024,734 for Do, and KRW 5,024,734 for Do, and the provisional registration and the registration of this case completed accordingly, can be claimed for cancellation only after the repayment of the secured obligation first to the defendant. In the event that the plaintiff's claim for cancellation of the provisional registration is sought for future performance, it is not necessary to make such a claim at present, and it shall be dismissed as an unlawful lawsuit.

In this case, the provisional registration of this case for which the plaintiff is seeking its cancellation and the registration of this case was made on it, as shown below, was made for the purpose of securing his obligation to pay interest 3,00,000 won and interest thereon to the defendant, and on July 9, 1971, the due date of this case, is obvious as of December 21, 1971, when the plaintiff pays the above obligation to the defendant, barring special circumstances, the defendant has the obligation to cancel the above provisional registration made for the purpose of security and the principal registration made on it. Thus, the plaintiff's claim for this case is without merit for the plaintiff's loan 3,00,000 won against the defendant (the defendant's debt amount is 5,024,734 won as above) and the plaintiff's claim for the payment of the above obligation should be made in advance to the defendant, and thus, the plaintiff's claim for the payment of the obligation should be made in advance to the defendant and the defendant's claim for the payment of the obligation should be made in advance.

2. Judgment on the merits

In full view of the whole purport of the parties' arguments in the testimony of Non-Party 1, the original copy of the original text is originally owned by Non-Party 2, who is the husband's wife, and the non-party 2 is the land whose ownership transfer registration has been made under the name of the plaintiff. The provisional registration of the land was made under the name of the plaintiff, such as the entry of the original text, and the provisional registration was made under the name of the defendant, and the provisional registration was made under the name of the defendant. The provisional registration was made under the above name of the defendant as to the land from April 9, 1971 to April 25, 1971. The provisional registration was made under the name of the defendant as above with regard to the land from April 9, 1971 to April 25, 1971.

In addition, there is no dispute between the parties that the Defendant received the agreed funds from among the parties who agreed on the above-mentioned loan funds from the respective borrowing date to July 9, 1971.

The defendant borrowed 1,575,00 won from the defendant on July 9, 1971. The non-party 2 borrowed 1,575,00 won for the above non-party 1's loan and 3,00 won for the above non-party 1's loan and 4,575,00 won for the above non-party 1's loan to the above non-party 5's loan and 0's loan 9's loan 9's loan 9's loan 9's loan 1's loan 9's loan 1's loan 10's loan 5's loan 9's loan 9's loan 9's loan 1's loan 10's loan 9's loan 9's loan 10's loan 5's loan 9's loan 9's loan 1's loan 90's loan 1's loan 90's loan 1's loan 90''

In addition, the defendant asserts that the defendant cannot respond to the plaintiff's claim for the provisional registration of this case and the provisional registration of this case, and the acquisition tax of this case cannot be secured by provisional registration of this case made for the purpose of security of loan claim and the principal registration of this case made for the purpose of security of loan claim, unless the defendant receives the payment from the plaintiff, and the above provisional registration of this case and the provisional registration of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of 246,630 won, acquisition tax of 14,504 won, loan 1,500,000 won, which is the above second loan of this case of this case of this case of this case of this case of this case of this case of this case of this case of 1,60 won,50,000 won, unless there are special circumstances. The defendant's claim that the above provisional registration of this case of this case of this case of this case of this case of this case of this case of this case of this case is without merit.

Therefore, the defendant is obliged to perform the provisional registration of the above principal case and the cancellation registration procedure of the above principal registration of the defendant's name, which was made for the purpose of the security of the claim, in case where the plaintiff paid the above loan 3 million won and the above agreed funds from July 10, 1971 to July 9, 1971, the day following the above agreed funds, and at the time, from July 10, 1971 to the day of full payment, the interest restriction rate is limited. In case where the plaintiff paid the amount at the rate of 36% per annum 5% per annum to the time of payment to the plaintiff, the defendant is obligated to perform the provisional registration of the above principal case and the above principal registration, which was made for the purpose of the security of the claim to the plaintiff. Thus, the plaintiff's claim for the execution of the principal claim is justified and it is unfair in the original judgment with different conclusion. The plaintiff's appeal against this is with merit, and the part against the plaintiff is revoked by applying Article 89 and Article 96 of the Civil Procedure Act.

Judges Kim Yong-chul (Presiding Judge) expected from Jinology