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(영문) 서울고등법원 2016.03.25 2015나2046773
가등기말소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The defendant of the purport of the claim shall Seoul.

Reasons

1. The reasoning of the judgment of the court of first instance is cited by the main text of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of the part of the judgment of the court of first instance, except in the following cases:

The following shall be added to 4th 20th 20th 20th scam, “(1)”:

In the instant lawsuit seeking the cancellation of the provisional registration of this case against the defendant by subrogation of C based on the right to claim the cancellation registration of ownership transfer registration against C, the defendant cannot assert that C had extinguished the above right to claim the cancellation registration by exercising the right to defense for the expiration of extinctive prescription against the plaintiff (see, e.g., Supreme Court Decisions 2013Da55300, Sept. 10, 2015; 92Da25472, Mar. 26, 1993). The defendant's defense prior to the merits is without merit without any need to determine whether the extinctive prescription of the above right to claim the cancellation registration expires. Even if the defendant can make such assertion, the extinctive prescription of the above right to claim the cancellation registration cannot be deemed to have expired as seen below, and the defendant's prior defense to the merits is the same as without merit.

(b) 8th 10th 10th 12th e.g., the first instance court's decision is as follows.

“Therefore, the extinctive prescription of the instant loan claim was completed on May 19, 2004 after the lapse of 10 years from May 19, 1994, for which the instant loan claim was established. It is also deemed that B, the debtor of the instant loan claim, obtained the provisional registration on August 17, 200 by making the Defendant a provisional registration as the right holder of the provisional registration for the security of the instant loan claim.”

2. In conclusion, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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