logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.09.01 2015가단45694
소유권이전청구권가등기말소등기
Text

1. The defendant shall accept the registration of Daejeon District Court and October 17, 2001 with respect to each land listed in the separate sheet to B.

Reasons

1. Facts of recognition;

A. B obtained a loan of KRW 10 million from the Japanese bank (hereinafter “Japan bank”) around July 26, 2002, and was issued a credit card around July 29, 2002.

B. On June 16, 2010, 201, the Dongyang Social Co., Ltd. (hereinafter “Dongyang Social Co., Ltd.”) received a claim for the above loans, etc. from the Dongyang Bank against B, and filed an application for a payment order on the transfer money with the Seoul Central District Court 2010 tea48, and received a payment order from the above court on June 16, 2010, “B shall pay to the Dongyang Social Co., Ltd. 21,512,834 won and delay damages, etc. for KRW 15,672,179 out of them.”

C. The Plaintiff was transferred the above claim against B from the village of the Eastyang Korea, and around November 8, 2010, notified the transfer of the claim to B. D.

B is the owner of each land listed in the separate sheet (hereinafter “each land of this case”). On October 17, 2001, the Defendant, who is the form of B, completed the registration of the Daejeon District Court and the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) for each land of this case on October 17, 2001 as the receipt of the registration of the Daejeon District Court and the provisional registration of the right to claim ownership transfer on October 16, 201.

E. B has no other property than each of the instant lands, and there are more small assets than active assets.

[Evidence Evidence: Evidence Nos. 1 through 4 (including paper numbers; hereinafter the same shall apply)

(i) each entry and the purport of the whole pleadings

2. Judgment on the parties' arguments

A. 1) The Plaintiff asserts that the right to conclude the instant provisional registration, which is the cause of the instant provisional registration, was extinguished by the 10-year exclusion period, and even if the said provisional registration is a provisional registration for household affairs, the secured claim was extinguished by the 10-year extinctive prescription period, and thus, the Defendant sought cancellation of the instant provisional registration on behalf of the Defendant in subrogation of B, which is insolvent. 2) As to this, the Defendant lent the amount equivalent to KRW 100 million to B, who is the birth, and received provisional registration as a security.

arrow