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(영문) 서울중앙지방법원 2015.06.26 2015가단53467
소유권이전청구권가등기말소등기
Text

1. The defendant on April 18, 198, as to each real estate listed in the separate sheet to the plaintiff, the Cheongju District Court of Cheongju District.

Reasons

1. Basic facts

A. On Aug. 8, 198, the Suduk Total Development Co., Ltd. changed the trade name into the Dongdong Construction Co., Ltd. and on Aug. 9, 1993 to the two mountain development Co., Ltd., and dissolved after a merger with the two mountain development Co., Ltd. on Nov. 1, 1997.

The twosan Agricultural Co., Ltd. changed its trade name on November 3, 1997 to two mountain development Co., Ltd. on September 1, 1998, and dissolved after the merger with the Oraler Co., Ltd. on September 1, 1998, and the Oraler Co., Ltd changed its trade name to the plaintiff as of September 3, 1998.

B. The Plaintiff completed the provisional registration of the right to claim the transfer of ownership (hereinafter “the provisional registration of this case”) as to each real estate listed in the separate sheet in order to secure the obligation to the Kanju District Court on April 18, 198, by No. 7264, Apr. 15, 198, which was based on the promise to return the substitute (hereinafter “the provisional registration of this case”) with respect to each real estate listed in the separate sheet.

[Ground for recognition] Unsatisfy

2. In the event a sale reservation is established for the purpose of securing the claim, and the provisional registration of the right to claim ownership transfer is based on it, the provisional registration also retains the status of the purchaser on the sale reservation and at the same time covers the security of the secured claim.

In such cases, the right to complete the pre-sale agreement itself shall be deemed to be extinguished by the ten-year limitation period, separate from the secured debt, but in such cases, the effect of the pre-sale agreement is only limited to the impossibility of exercising the right to complete the pre-sale agreement, and a provisional registration made pursuant to the pre-sale agreement shall still remain effective for the security of the secured debt, as long as the secured debt exists.

Therefore, as long as the secured claim is not extinguished due to repayment or expiration of extinctive prescription, the obligor is not allowed to seek cancellation of provisional registration against the obligee.

In this case, as to whether the secured claim of the provisional registration of this case has expired by prescription, the secured claim of the provisional registration of this case is the time of completion of the provisional registration of this case.

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