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1. The Defendants received on December 12, 1997, from the Plaintiff, the Changwon District Court regarding the amount of 2,818m2 in Changwon-si Lane 2,000 square meters.
Reasons
1. Basic facts
A. The Plaintiff was awarded a successful bid of 2,818.5 square meters in Changwon-si, Changwon District Court M&D in the auction procedure for real estate rent, and paid the sales price, and completed the registration of ownership transfer on March 5, 2018.
B. Meanwhile, the Defendants completed the provisional registration of ownership transfer claim on December 12, 1997 as to 2/3 of the three-thirds of the shares owned by N Co., Ltd. (hereinafter “N”) among the instant real estate by Changwon District Court No. 74098 on December 12, 1997 (hereinafter “the instant provisional registration”).
【Ground of recognition】 The fact that there has been no dispute, Gap's evidence No. 1, and the purport of the whole pleading
2. The parties' assertion
A. The Plaintiff asserts that the provisional registration of this case was made pursuant to the PPP as of December 12, 1997 between N and the Defendants, and the right to complete the reservation was extinguished by the ten-year lapse of the exclusion period. Even if the provisional registration of this case is the provisional registration of security, the ten-year statute of limitations has expired, and thus, the provisional registration of this case should be cancelled.
B. As to this, Defendant B’s claim without any specific circumstance is disputing the Plaintiff’s claim. Defendant E and F asserted that the provisional registration of this case is entitled to the right to make a decision on the provisional registration for preserving the order of priority or “the time when N is normal,” but the N has not yet been normal, so the limitation period has not yet lapsed since the right to make a decision on the completion of the purchase and sale was not created. Defendant C and J stated that the provisional registration of this case is a provisional registration to secure the claim for the construction cost against N, and the Defendants and N set the due date for the said claim as “the time when N is normal,” and that the said claim has not yet expired since the N has not yet been normal.
3. Determination
A. The instant case.