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(영문) 의정부지방법원 2017.10.27 2016가단130110
가등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 10, 2009, the Plaintiff received loans of KRW 2,569,310 against B from the New Card on April 10, 2009, the Plaintiff’s loans of KRW 2,643,849 from the Hyundai Capital Capital on April 16, 2009, the Plaintiff’s loans of KRW 2,384,368 against B from the Telecommunications Loans Co., Ltd. on June 29, 2012, the Plaintiff received loans of KRW 10,964,963 from the National Card on June 21, 2013, and notified the transfer of each of the above loans to B on behalf of each of the above transferor on December 8, 2016, the amount of the Plaintiff’s loans of KRW 41,73,197, including damages for delay.

B. Each real estate listed in the separate sheet is owned by B, and on December 21, 2004, the defendant completed the registration of ownership transfer right claim on the ground of the transfer of ownership right claim on December 21, 2004, the receipt of the registration office of the Kuwon District Court No. 16618, the registration office of Kuwon District Court No. 16618.

(c) B is currently insolvent.

【Ground of recognition】In the absence of dispute, Gap 1-4 evidence, and the inquiry result of each inquiry about the Director of the National Credit Information Office of this Court, the purport of the whole pleadings

2. Summary of the parties' arguments

A. On December 21, 2004, the plaintiff (1) and the defendant did not conclude a pre-sale contract with respect to each of the above real estate on December 21, 2004, and the above right to claim transfer of ownership is registered based on the pre-tender

② The Defendant’s right to full reservation on each of the above real estate has ceased to exist over the exclusion period of ten years.

③ Even if the provisional registration of ownership transfer claim is a provisional registration of security, the secured debt became extinct due to the completion of extinctive prescription.

Therefore, since the registration of the above right to claim ownership transfer should be cancelled, the plaintiff seeks cancellation against the defendant by subrogation, who is in insolvent condition B.

B. The registration of the right to claim ownership transfer by the Defendant is a provisional registration of security established to secure the Defendant’s claim for child support for B, and thus, it can be deemed that the registration was completed based on a false agreement.

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