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(영문) 창원지방법원 통영지원 2021.03.04 2020가단1409
가등기 말소등기절차이행
Text

With respect to the Plaintiff’s forest land 5,355m2, Defendant B Co., Ltd. on December 2009.

Reasons

1. Facts of recognition;

A. As to D forest land No. 5,355 square meters (hereinafter “the instant real estate”) owned by Changwon District Court (hereinafter “Defendant B”), Defendant B Co., Ltd. (hereinafter “Defendant B”) completed the provisional registration of the right to claim the transfer of ownership (hereinafter “instant provisional registration”) on December 24, 2009 by the Changwon District Court (hereinafter “Defendant C”) No. 5531, and Defendant C Co., Ltd (hereinafter “Defendant C”) completed the provisional registration of the right to claim the transfer of ownership (hereinafter “registration”) on December 24, 2009 by the receipt No. 5532 of the same registry office on December 24, 2009.

B. On December 23, 2014, the Plaintiff: (a) awarded a successful bid for the instant real estate during the compulsory auction procedure by the Changwon District Court through the Changwon District Court; and (b) completed the registration of ownership transfer on January 14, 2015.

[Ground for recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. According to the facts of the above recognition of the claim against Defendant C, the registration No. 2 A of the instant case was completed on December 24, 2009 by means of trade reservation, and the right to complete the reservation based on the said promise has ceased to exist upon the lapse of the exclusion period of ten years. As such, Defendant C is obliged to cancel the provisional registration of the instant case No. 2 to the Plaintiff. 2.

3. Claim against the defendant B

A. The plaintiff's assertion 1) The plaintiff's assertion: The registration No. 1 of this case was completed on December 24, 2009 on the ground of trade reservation, and the right to complete the reservation based on the above trade reservation has ceased to exist on the expiration of the ten-year period of exclusion, and Defendant B is obligated to cancel the provisional registration No. 1 of this case.

Even if the above provisional registration is based on the security price, the security claim secured by the above provisional registration has expired by prescription.

2) Defendant B’s assertion: The registration of security established to secure the remainder of the transaction claim against E is the registration of the security established to secure the remainder of the transaction claim against E, and the prescription period for the remainder of the transaction claim was suspended due to the approval of E’s obligation.

B. 1) Determination 1: (a) whether the registration of No. 1 of the instant case is a registration of security; (b) written evidence No. 1-2 of No. 1; and (c) No. 1, 2, and 3 of No. 2 of No. 2.

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