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(영문) 대구지방법원포항지원 2019.04.30 2018가단103806
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Article 3 of the Provisional Registration Security Act (hereinafter “Provisional Registration Security Act”) provides that in order for a creditor to acquire ownership of real estate for the purpose of security by exercising a security right under a security contract, the creditor shall notify the obligor, etc. of the appraised value of the liquidation money under Article 4 of the same Act after the due date for payment of the claim shall be made, and such notification shall specify the appraised value of the real estate as at the time of notification and the amount of claim under Article 360 of the Civil Act, and the period for liquidation shall expire two months from the date of receipt of notification. Article 4 of the Provisional Registration Security Act provides that the obligee shall pay liquidation money after deducting the value of the secured claim from the value of the real estate as at the time of notification. In the event the ownership transfer registration has already been completed, the obligee shall acquire the ownership of the real estate after the due date for liquidation, and if the provisional registration is completed

Despite the application of the Provisional Registration Security Act, provisional registration stated in the purport of claims is a provisional registration for security, which is obtained by the deceased E, the inheritee of the Defendants, from the Plaintiff, and is subject to the application of the Provisional Registration Security Act, since there is no dispute between the parties that the Plaintiff did not go through the liquidation procedures under Articles 3 and 4 of the Provisional Registration Security Act, or the Plaintiff’s claim is recognized by comprehensively considering the overall purport of the pleadings in the evidence Nos. 4 and Nos. 1 through 3 (including additional numbers).

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