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(영문) 서울중앙지방법원 2017.08.30 2016나72602
가등기에 기한 본등기 절차이행
Text

1. The part of the first instance judgment against the Plaintiff (Counterclaim Defendant) regarding the principal lawsuit shall be revoked.

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

1. The Plaintiff’s primary principal claim in this Court prior to remanding the Plaintiff’s scope of the trial was determined by the judgment of remanding the Plaintiff, and was excluded from the scope of the trial in this Court. After remanding the Plaintiff, the Plaintiff changed the first preliminary claim in exchange for the Plaintiff.

Therefore, this part of the claim for the first main claim exchanged and the second main claim are only subject to the judgment of the court, because only this part of the claim is subject to the judgment of the court.

2. Grounds for the court’s explanation on this part of the facts of recognition No. 1.B.

(2) Paragraph 1 of Article 420 of the Civil Procedure Act provides that “No. 11” shall be dismissed as “M,” and the same shall apply to the following: “No. 11” is added to “Evidence No. 1 or 6”; thus, it shall be cited by the main text of Article 420 of the Civil Procedure Act.

3. Judgment on the first preliminary claim

A. The provisional registration of this case’s assertion falls under the provisional registration of security to secure the Defendant’s obligation to pay the Plaintiff the purchase price of KRW 150,000 to the Plaintiff, and the Defendant agreed to complete the principal registration based on the provisional registration of this case in a case where the Defendant fails to pay the above purchase price by the due date, which constitutes a “a weak meaning of transfer security agreement”.

On the other hand, the Plaintiff sought implementation of the principal registration procedure according to the settlement of the said transfer security through the service of the application for purport of claim and cause modification as of August 3, 2015, and the value of the instant real estate as of the date of closing argument in the trial court is below the secured claim amount of the instant provisional registration.

Therefore, the Defendant is obligated to implement the principal registration procedure with respect to the instant real estate on the ground that the principal registration procedure was completed based on the provisional registration of this case.

B. The Defendant’s claim that the provisional registration of this case was made is KRW 150,000,000 and damages for delay for the payment of the purchase price, which is the secured debt of the instant provisional registration, and KRW 150,000,000 as of July 7, 2004; ② the repayment of KRW 163,000 as of November 6, 2009.

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