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(영문) 부산지방법원 2019.10.02 2019가단312582
가등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion is the cause of the instant claim. The Plaintiff asserted that the Plaintiff sought cancellation of the provisional registration of this case against the Defendant in subrogation of B, inasmuch as the right of completion of the reservation preserved by the provisional registration stated in the purport of the claim (hereinafter “the provisional registration of this case”) has expired by the 10-year limitation period.

2. According to the evidence Nos. 2 and 3 of the judgment, since the provisional registration of this case is not a provisional registration to preserve the right to claim ownership transfer registration based on the purchase and sale reservation, but a provisional registration for securing the Defendant’s loan to B, it is recognized that the provisional registration of this case is a security for securing the Defendant’s loan to B, the Plaintiff’s claim for cancellation of the provisional registration of this case based on the lapse

3. The plaintiff's claim is dismissed.

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