A provisional registration is completed to secure a loan claim, and is not subject to the exclusion period, independent of the secured debt of a provisional registration, because it falls under a provisional registration for security;

A provisional registration is completed to secure a loan claim, and it constitutes a provisional registration of collateral price, and thus, the right to complete the purchase and purchase reservation does not go within the exclusion period, independent of the secured debt of a provisional registration.

Daejeon District Court Branch 2015Kadan21946 Cancellation of provisional registration

Korea

Maximum 00

June 23, 2016

July 14, 2016

1. The plaintiff's claim is dismissed.

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

Cheong-gu Office

The defendant will implement the procedure for the cancellation of the provisional registration of the right to claim the transfer of ownership, which was completed on May 14, 2002 by the Daejeon District Court 00 registry office 00 registry office 00 registry office of the Daejeon District Court 00 registry office 000 square meters (hereinafter referred to as "the forest of this case") with respect to the 00 Dogsan, 000 Dogsan, 000 Dog

1. Basic facts

(a) As of November 30, 2015, KimA shall total of 1,932,748,260 won, including the transfer income tax, as of November 30, 2015.

National taxes were delinquent.

B. The defendant's promise on May 9, 2002 to sell and purchase the forest land of this case owned by KimA on May 14, 2002

The registration of transfer of ownership is completed on the ground that the registration of the transfer of ownership is completed.

No. 000, hereinafter referred to as "provisional registration of this case").

C. The KimA is currently insolvent.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Gap evidence 5 and 6 evidence 1 to 3, Gap evidence 7

Each entry, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion

The defendant shall exercise the right to complete the pre-sale contract at the expiration of ten years from May 9, 2002, the date of the pre-sale.

Since there was no pre-sale agreement, the right to complete the pre-sale agreement has ceased to exist over the limitation period. Accordingly, KimA.

the right to the taxation claim against the defendant of KimA as the right to preserve the taxation claim, and the exclusion of interference based on the ownership of the defendant of KimA

Upon the plaintiff's request by subrogation, the defendant shall make the provisional registration of this case to KimA.

There is an obligation to perform the registration procedures.

B. Defendant’s assertion

The provisional registration of this case is completed in order to secure a loan claim held by the defendant against KimA, and thus, the right to complete the purchase and sale reservation falls under the provisional registration of collateral price, and thus, the right to complete the purchase and sale reservation does not fall within the exclusion period, independent of

3. Determination

According to each of the statements and arguments in Eul evidence 1 through 7, around May 9, 2002, in order to secure the above loan repayment obligation, the provisional registration of this case was completed on May 14, 2002 with respect to the forest of this case on the defendant around May 14, 2002 in order to secure the above loan repayment obligation, the defendant extended on April 30, 2003 with the interest rate of 10% per annum from May 1, 2003 to the date of full payment, and the defendant did not repay the above loan repayment obligation until the above loan repayment period. The defendant extended on April 30, 2003 to April 30, 2006. The defendant paid 10% interest per annum from May 1, 2003 to the date of full payment, and if Kim A did not repay the above obligation until the due date of repayment until the due date of repayment, the defendant did not sell the forest of this case to 205% per annum, but did not repay the above 2007.

According to the above facts, the provisional registration of this case constitutes a provisional registration of security completed for the purpose of securing the defendant's loan claims against KimA, and it is reasonable to view that the promise of May 9, 2002, which is the cause of the provisional registration of this case, was merely a formal procedure for the provisional registration of security.

If so, the defendant's right to provisional registration on the forest of this case is a kind of security right.

When the secured claim continues to exist after the institution, the creditor exercises his/her right to complete the purchase and sale reservation.

It is reasonable to see that there is a premise that a principal registration can be requested based on such term, and such a fence is equivalent thereto.

in light of the legal nature of the right to provisional registration, the content of the security agreement, and the intent of the party;

(b) The right to make a settlement settlement under the General Contract shall be independent as long as the secured claim of the provisional registration of this case exists

Since the period of exclusion is not set, the above assertion by the first-party plaintiff on a different premise is without merit.

4. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.