logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원통영지원 2017.11.08 2017가단22857
가등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 18, 2007, the Housing Construction Co., Ltd., based on the facts, completed the registration of ownership transfer on November 25, 2008 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

The defendant made a provisional registration of the right to demand partial transfer of ownership as of January 19, 2007 under the Changwon District Court Heading Dong Branching Office of Seoul District Court on the real estate in this case with the right to claim for construction cost as the preserved bond for the housing construction company.

(The above provisional registration was partially amended by the same registry office as the receipt No. 42033 on October 12, 2007, but the provisional registration of the defendant was not changed because the provisional registration of the part of the defendant was not changed, and thus, "the provisional registration of this case" was not classified before and after the change (hereinafter "the provisional registration of this case"). / [the grounds for recognition] without dispute, entry

2. Determination

A. The provisional registration of this case should also be cancelled inasmuch as the claim for construction cost, which is the secured debt, which is the cause of the provisional registration of this case, has expired 10 years.

B. In addition to the written evidence Nos. 1 through 3 of the judgment, in addition to the purport of the entire pleadings, ① the Plaintiff’s husband received the provisional registration of this case in the Plaintiff’s name to secure the claim for the construction cost for the housing construction for Daeho Housing Co., Ltd. ② The Defendant’s husband (“C”) filed a lawsuit against Daeho Housing Co., Ltd. for the payment of KRW 281,00,000, but the Defendant’s husband claimed payment of KRW 226,000,000 was accepted, and the judgment became final and conclusive on November 24, 2011).

According to the above facts of recognition, C’s claim for construction cost against the housing construction, which is the secured claim of the provisional registration of this case, is confirmed by a judgment, and the extinctive prescription for ten years from November 24, 201, which has become final and conclusive (see Article 165(1) of the Civil Act). Therefore, the above claim is subject to the extinctive prescription for ten years

arrow