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(영문) 광주지방법원 순천지원 2018.05.30 2017가단76934
가등기말소
Text

1. As to the Plaintiff’s 535 square meters prior to C at the time of leisure, the Defendant shall pay to the Plaintiff, on April 2, 1999, the Incheon Branch of Gwangju District Court.

Reasons

1. Facts of recognition;

A. On April 2, 1999, the Plaintiff borrowed KRW 40 million from the Defendant as of December 30, 1999 on the due date, and prepared a certificate of borrowing that “it shall be delegated to the Defendant with the authority to dispose of the real estate of this case, which is owned by the Plaintiff at the time of delay, to the Defendant.”

B. On April 2, 199, the Defendant completed on April 2, 199, the provisional registration of the right to claim for ownership transfer registration (hereinafter “the provisional registration of this case”) under Article 6823, which was received by the Busan District Court’s office for the registration of establishment of a neighboring mortgage (hereinafter “the registration of establishment of a neighboring mortgage of this case”) as of April 29, 2002 by the receipt of No. 7707 of the same registry office.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. According to the facts of the above recognition, the provisional registration of this case is the ten-year exclusion period, and the ten-year extinctive prescription period for the secured claim of the right to collateral security of this case is apparent from the fact that the ten-year extinctive prescription period has lapsed, and the defendant is obliged to cancel the provisional registration of this case and the establishment of the establishment of the

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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