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(영문) 수원지방법원 2014.12.09 2014가단47630
소유권이전등기절차이행청구
Text

1. The defendant on October 23, 2007, as to the real estate stated in the attached list to the plaintiff by the Suwon District Court.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Although the Plaintiff is deemed to have failed to go through liquidation procedures prescribed in the Act on Provisional Registration, Security, etc. with respect to the provisional registration of security as stated in paragraph (1) of this Article, the Act on Provisional Registration, Security, etc. is applicable only if the value of the property at the time of the reservation of property rights exceeds the sum of the borrowed amount and the interest accrued therefrom in relation to provisional registration

Therefore, in cases where the market price at the time of the reservation for provisional registration security real estate falls short of the secured debt amount, there is no room for implementing the procedures for notification of the appraised value of liquidation amount and payment of liquidation amount, etc. under Articles 3 and 4 of the Provisional Registration Security Act (see Supreme Court Decision 93Da27611, Oct. 26, 1993), and according to the purport of the whole pleadings as to evidence Nos. 1, 2, 3, and 5, the principal borrowed against the plaintiff shall be KRW 200,000, and the market price at around October 22, 2007, which is the time of the reservation for the sale of the real estate of this case, is equivalent to KRW 135,00,000,000, which is the market price at the time of the promise for the sale and purchase of the real estate of this case, and it is clear that the above provisional registration under the Act on Security, etc. of this case does not apply to the registration of ownership transfer.

3. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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