(영문) 부산지방법원 2015.08.28 2015나42237

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(영문) 부산지방법원 2015.08.28 2015나42237

소유권이전등기

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: the reasoning of the judgment of the court of first instance is as stated in the part of the reasoning of the judgment of the court of first instance, except where the court adds the following judgments following the 9th judgment of the court of first instance on the grounds of the main text of Article 420 of the Civil Procedure Act.

【Supplementary statement: [The defendant's right to claim the cancellation of the ownership transfer registration of the debtor's target real estate in the so-called weak meaning of transfer for security shall be applied to the ten-year extinctive prescription under Article 162 (1) of the Civil Act after the settlement of accounts is completed as a claim for the right to claim the cancellation of the ownership transfer registration of the plaintiff's land in this case. It is asserted that the plaintiff's right to claim the cancellation of the ownership transfer registration of this case was extinguished after the lapse of ten years from March 21, 2003

However, in the case of transfer of real estate, which is the object of security for obligation, the registration title of the real estate is in front of the creditor.

Even if a creditor acquires ownership of the real estate within the scope of the purpose of collateral security of the above claim, and the real ownership remains in the person who created the security interest. Thus, the right to claim cancellation of ownership transfer registration, which the person who created the security interest exercises after the secured obligation has been repaid, shall not be deemed to be extinguished separately as a real right claim based on the above real ownership.

Supreme Court Decision 91Da41170 Decided December 21, 1993 see, e.g., Supreme Court Decision 91Da4170 Decided December 21, 199 [In the case of transfer by security within a weak meaning, the creditor shall return to the debtor the remainder after deducting the principal and interest, etc. of the secured real estate from the value of the secured real estate, namely, the procedure for settling accounts, i.e., the procedure for exercising the security right, if the period of repayment for the obligation expires, and

참조조문

-민법 제162조 제1항

-민사소송법 제420조

유사 판례

-대법원 1994. 5. 24. 선고 93다44975 제1부 판결

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-대법원 1985. 4. 23. 선고 84누702 판결

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