The obligation to pay debts and the obligation to pay for cancellation of provisional registration are not related to simultaneous performance.

In the event that provisional registration of ownership transfer claim is completed in the creditor with the security of the obligation, the debtor's obligation to perform the obligation in preference to the execution of the provisional registration of security cancellation, and the obligation is not simultaneously performed with the repayment of security obligation.

Article 11 of the Provisional Registration Security Act

2016 Ghana 120677 Registration of Ownership Transfer

OO

Republic of Korea and 1

May 25, 2017

June 20, 2017

1. The plaintiff's main claim is dismissed.

2. Defendant (main shareholder) ○○○○○○○ received from the Plaintiff 10,00,000 won and 36% interest per annum from May 28, 2009 to the date of full payment, and subsequently, the Ulsan District Court registered the real estate indicated in the separate sheet and the registration procedure for the cancellation of the provisional registration for the right to claim transfer of ownership, which was completed by the Plaintiff ○○○○○○○○ on April 28, 2008, to the Plaintiff.

3. The defendant Republic of Korea shall declare his/her intention of acceptance with respect to the registration of cancellation of provisional registration under paragraph (2).

4. The plaintiff's remaining conjunctive claims are dismissed.

5. The costs of lawsuit shall be borne by each person;

Cheong-gu Office

【State Claim】

1. The defendant (main shareholder) ○○○○○○○ received KRW 10,000,000 from the plaintiff, while the non-party ○○○○○○○ received the real estate indicated in the separate sheet from the plaintiff, the registration of the Ulsan District Court as to the real estate indicated in the separate sheet, and the provisional registration procedure for the right to claim transfer of ownership, which was completed on April 28, 2008 by No. 382

2. The defendant Republic of Korea shall accept the implementation of the procedure for the registration of cancellation under paragraph (1).

【Preliminary Claim】

1. The defendant (main shareholder) ○○○○○ received KRW 10,000,00 from the plaintiff, and at the same time, the registration of the Ulsan District Court as to the real estate stated in the separate sheet and the right to claim transfer of ownership, which was completed by the head of the receipt ○○○ on April 28, 2008, shall implement the procedure for registration cancellation.

2. The defendant Republic of Korea shall accept the implementation of the procedure for the registration of cancellation under paragraph (1).

1. Basic facts

A. Defendant (main shareholder) ○○○○○○○ is a company that engages in monetary credit business, small credit loan business, real estate, and automobile security loan business.

B. On April 28, 2008, the Plaintiff was granted a loan of KRW 10 million from Defendant (ju) ○○○○○○○○○○○○○○○○○○ on a yearly basis with interest of KRW 36% (hereinafter “instant loan”). As a security, the Plaintiff completed the registration of the Ulsan District Court on April 28, 200 and the provisional registration of the right to claim ownership transfer by the receipt○○○○○○○○○○○○○ on April 28, 2008 on the real estate listed in the separate sheet (hereinafter “instant real estate”).

C. The Plaintiff repaid the interest on the instant loan to Defendant (ju) ○○○○○○○○○○ by KRW 300,000 per month until June 3, 2009 (the instant loan date is April 28, 2008, and thus, the interest rate of KRW 300,000 per month deposited on June 3, 2009 is the interest rate until May 27, 2009).

D. Meanwhile, Defendant (ju) ○○○○○○○○ provides the instant loan to Defendant (ju) ○○○○○○○○○○○○○○○○, and received the remainder of the money obtained by deducting the commission from the monthly interest paid by the Plaintiff. The money paid by Defendant (ju ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ by December 260, respectively, from May 2008 to December 1, 2008; and 220,000 won per month from December 29, 2008 to June 3, 2009.

E. On March 10, 2011, Defendant Republic of Korea attached the right to claim ownership transfer based on the instant provisional registration based on the corporate tax claim against Defendant ( Jeju) ○○○○○○○○○○○○○○, and completed the attachment registration by the Ulsan District Court’s registration and the receipt No. ○○○○○○○ on March 10, 2011.

Facts that there is no dispute over recognition, Gap's 1 to 4, Eul's 1 and 2, before oral argument.

The purpose of body

2. Judgment as to the main claim

A. The plaintiff's assertion

The Plaintiff borrowed the instant loan from the Defendant LOO○○○○○○○○○○○, not from the loan. The instant provisional registration is to secure the Plaintiff’s public loan to secure the Plaintiff’s public loan. Therefore, Defendant ○○○○○○○○○ is obligated to receive KRW 10 million from the Plaintiff and to implement the procedures for the registration of cancellation of the instant provisional registration at the same time, and Defendant 1 is obligated to express his/her consent to the registration of cancellation.

B. Determination

The Plaintiff asserted that the creditor of the instant loan is not Defendant ○○○○○○○○, but Defendant ○○○○. However, it is insufficient to recognize the Plaintiff’s assertion only with the entries in subparagraphs 1 through 5, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's primary claim based on the premise that the creditor of the loan of this case is an official ○○ is without merit.

3. Judgment on the conjunctive claim

A. The plaintiff's assertion

The provisional registration of this case is a provisional registration to secure the loan of this case against the plaintiff of the defendant's LO○○○○○○○○○○○. The defendant's LO○○○○○ has a duty to receive KRW 10 million from the plaintiff and to implement the procedure for registration of cancellation of the provisional registration of this case at the same time, and the defendant's Republic of Korea has a duty to express his/her consent to the registration of cancellation.

B. Determination

1) As recognized in the basic facts, the provisional registration of this case is the provisional registration of security to secure the loans of this case against the plaintiff of the defendant-based LOO○○○○○○○○○.

The Plaintiff asserts that the Plaintiff’s obligation to repay the instant loan and the obligation to register the cancellation of the instant provisional registration by Defendant ○○○○○○○○○○○○○○○○ has a simultaneous performance relationship. However, in the event that a provisional registration of ownership transfer claim is completed in the creditor’s future for the purpose of collateral security, the obligor’s obligation to repay the secured debt prior to the execution of the above provisional registration procedure is not in a simultaneous performance relationship with the repayment of the secured debt (Article 11 of the Provisional Registration Security Act). In addition, it is interpreted that the Plaintiff’s obligation to repay the instant loan and the obligation to register the cancellation of the instant provisional registration is included in the purport of the cancellation of the instant provisional registration, and in such a case, it is necessary

Therefore, Defendant ○○○○○○○○○○○ is obligated to pay the Plaintiff the instant loans (principal principal KRW 10 million and the agreed interest or delay damages calculated by the rate of 36% per annum from May 28, 2009 to the date of repayment) and to implement the procedure for cancellation registration of the instant provisional registration.

2) If a person entitled to provisional registration of security bears the obligation to cancel the provisional registration, the seizure authority seizes the right to claim ownership transfer based on the provisional registration and completes the additional registration, which is a third party in the interest of the registration and has the obligation under the substantive law to accept the procedure for cancellation

In this case, as Defendant ○○○○○○○○○○○ is obligated to cancel the provisional registration of this case as above, Defendant Republic of Korea, who had an interest in the provisional registration of this case, is obligated to express his/her consent to the Plaintiff with respect to the procedure for the cancellation registration of the provisional registration of this case.

4. Conclusion

Therefore, the plaintiff's main claim of this case is dismissed as it is without merit, and the conjunctive claim is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.