(a) The legal relationship where the creditor has made a provisional registration to preserve the right to demand a transfer of ownership for the purpose of securing the right to claim but made the principal registration on the ground that he

B. The time limit in which the obligor can claim the cancellation of provisional registration, etc. of the collateral in case of "transfer for security within a weak meaning" (=at the time the settlement procedure is terminated)

A. If a creditor has made a provisional registration on a real estate for the purpose of securing a claim, but subsequently failed to obtain repayment by the due date, and thereby has made a principal registration of transfer of ownership on the basis of the above provisional registration, such principal registration is made for the purpose of securing a claim, unless otherwise expressly agreed by the parties, and the principal registration is also made for the purpose of securing a claim, and it shall be deemed as the so-called “a weak meaning

B. In the event of “an weak meaning of transfer for security,” even after the time for repayment of the obligation has expired, the obligor may, at any time, pay the obligation and request the obligee to cancel the principal registration based on provisional registration and provisional registration, even if the obligee had completed the procedure for settlement by exercising the security right.

Article 11 of the Provisional Registration Security, etc. Act, Article 372 of the Civil Act / [Transfer for Security]

A. (B) Supreme Court Decision 87Da35175 Decided Nov. 21, 1992 (Gong1992, 81) (Gong1992, 894), Supreme Court Decision 90Da9780 Decided Oct. 8, 1991 (Gong1991, 2671), Supreme Court Decision 91Da28528 Decided May 26, 1992 (Gong192, 192), Supreme Court Decision 80Da482 Decided May 27, 1980 (Gong1980, 12877), Supreme Court Decision 81Da375 Decided Oct. 26, 1982 (Gong1983, 1954), Supreme Court Decision 2005Da37979 Decided Oct. 26, 1982).

Plaintiff

Defendant Kim Il-chul, Counsel for the defendant-appellant

Suwon District Court Decision 92Na3516 delivered on December 11, 1992

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

If a creditor has made a provisional registration of a real estate for the purpose of securing a claim but failed to obtain repayment by the due date, and the principal registration of a transfer of ownership on the basis of the provisional registration has been made, unless otherwise expressly agreed by the parties, such principal registration is made for the purpose of securing a claim, and it is so-called weak meaning that the procedure for settlement is scheduled between the parties (see Supreme Court Decision 91Da35175 delivered on January 21, 1992). In addition, if a provisional registration was made prior to the enforcement of the Provisional Registration Security Act, etc., or the principal registration was made by a judgment, it is not different from the case where the principal registration was made. In addition, even if a weak meaning was transferred for security, even if the due date is prior to the due date, the creditor may at any time repay his obligation and request the creditor to cancel the principal registration on the basis of the provisional registration and the provisional registration (see Supreme Court Decision 91Da35175 delivered on January 21, 1992).

According to the reasoning of the judgment below, the non-party 1 purchased the previous land of this case from the above non-party 1 on December 7, 1983 with interest rate of KRW 11,00,000 from the above non-party 1, and completed provisional registration of this case on the previous land of this case in order to secure the payment of the above debts. If the above non-party 1 did not repay the above principal debt of this case, the defendant filed a lawsuit against the non-party for the execution of the provisional registration of this case for the execution of the provisional registration of this case in favor of the non-party, and thereby completed the principal registration of this case on December 21, 1984. The court below rejected the plaintiff's assertion that the above non-party 1 was not subject to provisional registration of this case for the purpose of preserving the ownership transfer registration of the above non-party 1 on the above non-party 1 on behalf of the non-party 1 on December 7, 1983.

In light of the records, the above determination by the court below is acceptable in its entirety, and as long as the above provisional registration under the name of the defendant is a provisional registration for security, the judgment of the court below does not affect the judgment of the court below that the plaintiff can seek cancellation of the provisional registration of this case even if the plaintiff knew that the provisional registration was made in the real estate of this case at the time of concluding the sale contract.

In so doing, the above determination by the court below is without merit, since there is no violation of the rules of evidence, provisional registration of ownership transfer right claim and the misapprehension of legal principles as to the principal registration based on the provisional registration.

Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Chocheon-sung (Presiding Justice)