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(영문) 부산지방법원 2019.01.29 2017가단29978
소유권이전청구권가등기말소등기
Text

1. The Defendants, on December 2, 1981, shall be against the Plaintiff on the Busan District Court's Busan District Court's Busan District Court's registry office with respect to 39.7 square meters in Busan Dong-gu I.

Reasons

1. Basic facts

A. B completed the registration of ownership transfer on July 10, 1975 with respect to the real estate stated in the text (hereinafter “instant real estate”).

B. Around November 1, 1981, B borrowed KRW 1 million from Defendant C’s husband J, and KRW 2 million from Defendant D’s husband, respectively, and the due date for payment shall be one year after November 11, 1981, and the Busan District Court’s Busan District Court’s registry office of Busan District on the ground of transaction reservation on December 2, 1981, completed the provisional registration of the right to claim ownership transfer registration (hereinafter “the provisional registration of this case”).

C. On August 7, 2017, the Plaintiff completed the registration of ownership transfer on August 9, 2017, the Busan District Court’s Busan District Court’s registration office, which received on August 9, 2017.

On the other hand, K dies on January 31, 2016 and there are Defendant D, F, G, and H, the inheritor, who is the spouse.

On October 18, 2017, the Plaintiff paid KRW 10 million to the said Defendants, the heir of K, as the repayment of the borrowed amount. The said Defendants consented to the cancellation of the provisional registration under the name of K.

[Grounds for recognition] Defendant C: Evidence No. 1, and the purport of the entire pleadings: The remaining Defendants: The fact that there is no dispute

2. According to the facts of the above recognition, the part against Defendant C among the secured debt of the provisional registration of this case against Defendant C among the secured debt of the provisional registration of this case is apparent in fact that the ten-year period has elapsed since November 11, 1982, the following day after the due date for repayment, and thus, the prescription period has expired in Do. The remaining part against the Defendants was extinguished as of October 18, 2017.

Therefore, the defendants are obligated to implement the procedure for cancellation registration of the provisional registration of this case to the plaintiff.

3. The plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.

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