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(영문) 청주지방법원 제천지원 2018.01.10 2017가단1390
가등기말소
Text

1. The defendant received on June 7, 2004 from the Cheongju District Court for each real estate listed in the separate sheet from the plaintiff.

Reasons

1. The Plaintiff asserts that the Defendant is liable to implement the procedure for cancellation registration of the above provisional registration on the ground that the secured obligation of provisional registration (hereinafter “provisional registration of this case”) completed on June 7, 2004 with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) was extinguished by the expiration of the extinctive prescription, since the secured obligation of the provisional registration (hereinafter “provisional registration of this case”) completed on June 7, 2004.

(1) The plaintiff asserted in the complaint of this case that "the pre-sale contract, which is the cause of the provisional registration of this case, has expired upon the expiration of the extinctive prescription." However, considering that the provisional registration of this case is the provisional registration of this case, the plaintiff's assertion that "the extinctive prescription of the secured obligation of this case has expired" is understood as "the provisional registration of this case has been terminated upon the expiration of the extinctive prescription period." In full view of the purport of the entire pleadings, C borrowed KRW 1,00,000,000 as business funds from the defendant who is a private partner around June 2004 (hereinafter "loan of this case"), but it did not pay KRW 2,00,000,000,000 in total with the principal, interest, development project interest, and dividends, the plaintiff's assertion that the above provisional registration of this case had been made to the defendant for the purpose of 20,000,000,000 won and 36,000,000.

According to the above facts, the principal debt of the loan of this case, which is the secured debt of the provisional registration of this case, which is the provisional registration of this case, is the provisional registration of this case, shall be due on June 2005 at the latest.

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