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(영문) 인천지방법원 2018.11.20 2018가단220542
소유권말소등기
Text

1. On February 12, 2018, the Defendant registered the Incheon District Court’s registry office with respect to the real estate indicated in the attached property to the Plaintiff.

Reasons

1. Basic facts

A. As to the real estate indicated in the attachment (hereinafter “instant real estate”), the registration was completed as follows:

1) The registration for the transfer of ownership in the name of the Plaintiff, which was completed on January 29, 2016 as the receipt No. 3795 of the Incheon District Court’s registry (the date of the registration on December 5, 2015) was completed on June 26, 2017 by the registration office of the Incheon District Court (the date of the registration on June 23, 2017), the provisional registration for the right to claim ownership transfer (the provisional registration of this case) under the name of the Defendant, which was completed on June 26, 2017 (the date of the registration on June 23, 2017), (the provisional registration of this case), (the registration for the transfer of ownership in the name of the Defendant, which was completed on February 12, 2018 as the receipt No. 53745, Feb. 12, 2018 (the date of the registration) (hereinafter “instant registration”).

A person shall be appointed.

B. The provisional registration of this case and the principal registration of this case between the Plaintiff and the Defendant, pursuant to a loan agreement concluded on June 23, 2017 between the Plaintiff and the Defendant for consumption, are the obligation to borrow money to the Defendant. However, as there is a dispute between the Plaintiff and the Defendant as to the amount of the loan

It is a completed registration in relation to the registration.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 4, Eul evidence 1 and 2, the purport of the whole pleadings]

2. Summary of the parties’ assertion

A. The provisional registration of this case by the Plaintiff constitutes a provisional registration of security established to secure the Plaintiff’s obligation to borrow loans against the Defendant.

Therefore, in order for the Defendant to complete the effective principal registration with respect to the instant real estate, it must undergo liquidation procedures prescribed by the Provisional Registration Security Act (hereinafter “Provisional Registration Security Act”).

Nevertheless, since the defendant completed the principal registration of this case without undergoing the liquidation procedure prescribed in the above Act, the principal registration of this case is null and void. Accordingly, the defendant is obliged to implement the procedure for cancellation registration of this case in the name of the defendant who completed the real estate of this case to the plaintiff.

B. The defendant's summary 1.

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