Cancellation of Provisional Registration

The Defendants are obligated to cancel provisional registration to the Plaintiff.

Article 404 of the Civil Act

Daejeon District Court 2014Gadan227383

Korea

CCC and 3

December 15, 2015

February 16, 2016

1. Facts of recognition;

(a) on September 21, 1995, the Network AA No. 2 of the basement No. 68-1, Dong-dong, Daejeon, Dong-dong 68-2

493.084/1239.39/1239 of shares in reinforced concrete parking lot 1239.39m2 (hereinafter referred to as "the annexed Dong of this case").

pre-sale agreement with respect to the sale and purchase agreement, and to the network BB on September 23, 1995, the pre-sale agreement

The provisional registration of the right to claim ownership transfer (hereinafter referred to as the "provisional registration of this case") was completed on the ground of this case.

B. The networkBB died on July 7, 2010, and Defendant CCC, the spouse, 3/9 shares, and children.

Defendant DD, EE, and FF inherited the net BB’s property in each of 2/9 shares.

C. The Network AA died on June 27, 2013. The Network AA died from children GG, HH, and Ha.

GG, HH and III have the JJ on September 13, 2013. A declaration of renunciation of inheritance on September 13, 2013

1) On the premise that the JJ has solely succeeded to the deceased AA, the Plaintiff shall cancel the provisional registration of the indication of the attachment to the JJ.

Any data from which GG, HH, and III had no child, seeking the implementation of a registration procedure;

Therefore, the J cannot be readily concluded that the J is a sole heir of the deceased AA.

However, even if the JJ does not succeed to the sole heir, it may seek cancellation of the provisional registration of this case by the co-owner's act of preservation.

In this case, a creditor who seeks to implement the procedure of cancellation registration by exercising a creditor's subrogation right shall implement the procedure of cancellation registration directly.

Even if ordering the order, there is no illegality (see, e.g., Supreme Court Decision 94Da58148, Apr. 14, 1995).

The plaintiff's request shall be examined as ordered by the court.

The Suwon District Court accepted the above report on November 14, 2013. The JJ accepted the status of the AAJ

On September 13, 2013, the member filed a qualified acceptance report, and on November 14, 2013, the Suwon District Court reported the qualified acceptance on November 14, 2013.

Gohap accepted the order.

D. Meanwhile, the Plaintiff’s taxation claim amounting to KRW 409,219,430 in total, including value-added tax, against the net AA.

The deceased AA did not pay it until the death of the deceased, and the deceased AAA's award.

It has not been paid until now.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Gap evidence 2-1, Gap evidence 3-4, and Gap evidence 5

1-1 of evidence, the purport of the whole pleading

2. Determination as to the cause of action

Sale by expressing an intention of the contractor to complete the pre-sale agreement in the unilateral pre-sale agreement;

The right to become effective, i.e., the right to conclude a pre-sale agreement between the parties as a kind of right to form.

(2) if the exercise period is agreed, the reservation shall be made within that period, and if not, the reservation shall be made.

shall exercise its rights within 10 years from the time of establishment, and the completion of reservations shall be completed upon the expiration of such period.

A right shall be extinguished upon the lapse of the exclusion period, and the period shall be the same as the extinctive prescription in the exclusion period.

[Plaintiff-Appellant] The Plaintiff may not be suspended (see, e.g., Supreme Court Decision 2000Da26425, Jan. 10, 2003)

According to the above facts, the net AA of the network BB, the grounds for registration of the provisional registration of this case,

The right to complete the reservation for sale shall be secured on September 23, 2005, 10 years from September 23, 1995, the date of such reservation.

After the expiration of the period, the period has expired.

In the case of an inheritance limited approval, a kind of liquidation procedure remaining after the death of the predecessor who is the original right holder.

Therefore, considering that the necessity of preservation is broad and does not violate the purpose of the system.

In this case, the need for the preservation is recognized, and Defendant CCC is also required for the plaintiff who subrogated to JJ.

with respect to 3/9 shares, as to the shares of Defendant KK, EE, F, 2/9 shares, respectively,

A person shall be liable to implement the procedure for cancellation registration of provisional registration.

3. Judgment on the defendants' assertion

A. The Defendants asserted that the provisional registration of this case is a provisional registration for the purpose of security.

B. The whole purport of the pleadings is added to the statement No. 2-1 (see e.g., No. 3).

The fact that the network BB had a claim of KRW 400 million against the network AA is recognized.

(c) However, evidence of sub-paragraphs (1) to (2), (4) alone, the network BB represents the network AA;

In addition to the above KRW 400 million, it is insufficient to recognize that there was another claim, and the above KRW 400 million.

The claim of the Won shall be filed on March 6, 1995 with respect to the real estate of this case by the Daejeon District Court Daejeon District Court Daejeon District Court.

In light of the fact that the secured claim of the right to collateral security completed by No. 9432 is a secured claim, only the facts acknowledged earlier.

It is difficult to view the provisional registration of this case as a provisional registration for the purpose of security, and there is no other evidence to acknowledge it.

(c)

D. Therefore, the defendants' above assertion is without merit.

4. Conclusion

Thus, the plaintiff's claim against the defendants is justified and it is so ordered as per Disposition.

this decision is rendered.