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(영문) 부산고등법원(창원) 2019.08.22 2018나14048
가등기말소
Text

1. All appeals by the Defendants are dismissed.

2. Upon the claims added by this court, the defendant C shall be the plaintiff.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the court added the following judgment as to the claim added by this court and the subsequent defendants' new arguments except the defendant B. Thus, it is acceptable to accept this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(2) The grounds for appeal by the Defendant do not differ significantly from the allegations in the first instance court, except for the claim for determination in paragraph (2), and the fact-finding and determination in the first instance court are deemed legitimate in full view of all additional arguments and evidence submitted.

A. In full view of the purport of the argument as to the claim for cancellation registration of ownership transfer registration against Defendant C, as a whole, it is recognized that Defendant C completed the registration of ownership transfer based on the provisional registration of this case on the ground of the completion of the pre-sale agreement on August 30, 2018 with respect to 16/28186 shares out of the instant real estate on February 26, 2019, and that the above Defendant’s claim for construction price against Defendant N, which is the secured claim of the provisional registration of this case, the provisional registration of this case, became extinct by prescription. Accordingly, the above transfer registration of ownership should be cancelled together with the provisional registration of this case.

Therefore, Defendant C is obligated to implement the registration procedure for cancellation of the above ownership transfer registration to the Plaintiff.

B. The other Defendants except Defendant B, on January 13, 2003, asserted that the claim for construction price was changed to the agreed amount claim, and that the statute of limitations shall not run since N was changed to the agreed amount claim to which the short-term extinctive prescription period of three years applies and the initial date of the payment and the period of extinctive prescription is “the time when N is normal” and N was not yet normal.

(b).

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