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(영문) 부산지방법원 2021.03.31 2020나50430
가등기말소
Text

Defendant B’s appeal is dismissed.

Expenses for appeal shall be borne by Defendant B.

The purport of the claim and the purport of the appeal is the claim.

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following judgments as to the contents asserted by Defendant B in this court, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The content of conversation between Defendant B’s assertion that Defendant B submitted by the Plaintiff was only the answer by the Plaintiff’s inducement while Defendant B had a lot of dialogues, and there was an intention to make a clear promise to trade between Defendant B and H.

However, since Defendant B actually resided in the instant house, it was delayed to pay the remainder in consideration of the relationship with H, a self-employed, and it was a provisional registration for preserving the order of priority, and thus, Defendant B did not report the right in the auction procedure separately.

Therefore, since the provisional registration of this case cannot be seen as a security registration, the plaintiff's assertion based on this premise is without merit.

B. Determination 1) Article 15 of the Provisional Registration Security Act provides that, in the event of compulsory auction, etc. for real estate, the security provisional registration shall be extinguished by the sale of the real estate, in a case where the real estate, the security of which has completed the registration, is put into effect, and thus, if the purchaser acquired ownership by fully paying the proceeds of the sale upon obtaining the

It should be viewed (see Supreme Court Decision 93Da52853, Apr. 12, 1994). In such a case, the buyer can prove that a security is registered and bring an action against the person under his/her registration title to demand the performance of the registration procedure (see Supreme Court Decision 97Da54024, Sept. 17, 1999). Whether a provisional registration is a security is not a security registration shall not be determined formally by the type of documents sent and received at the time of the indication or registration of the donation, but shall be determined by the substance of the transaction and the interpretation of the intent of the parties concerned (see Supreme Court Decision 91Da36932, Feb. 11, 1992).

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