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(영문) 인천지방법원부천지원 2017.10.20 2017가단4876
가등기의 말소등기절차이행
Text

1. The defendant shall accept on October 6, 1994 the registration of the father branch of the Incheon District Court with respect to the real estate stated in the attached Form to the plaintiff.

Reasons

1. The following facts can be acknowledged as either a dispute between the parties or in full view of the entries in Gap evidence No. 1 and the purport of all pleadings.

C On October 6, 1994, the registration of ownership transfer is completed with respect to the real estate listed in the attached Form (hereinafter “instant apartment”).

B. On October 6, 1994, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) under the Incheon District Court 78756, on the ground of the registration and receipt of the registration of Busan District Court Branch Branch Branch support on October 5, 1994 with respect to the apartment of this case (hereinafter “instant purchase reservation”).

C. On March 30, 2017, the Plaintiff completed the registration of ownership transfer on the instant real estate.

2. The assertion and judgment

A. 1) The plaintiff asserts that the provisional registration of this case is a provisional registration of security, and the period of exclusion of the right to complete purchase and sale under the provisional registration of this case has expired, so the defendant is obligated to cancel it to the plaintiff. Accordingly, the defendant alleged that the provisional registration of this case was a provisional registration made to lend money to C and secure it, and thus the plaintiff cannot respond to the plaintiff's claim. 2) According to each of the evidence Nos. 1 through 4 of the judgment of 15,00,000,000,000,000,000 on September 18, 1993, 1993, and the provisional registration of this case is a loan No. 10,000,000,000,000 on April 10, 1994, 200,000,000,000 won on April 5, 1994, 200,000 of the above provisional registration of this case.

B. The plaintiff is obligated to cancel the provisional registration of this case on the ground of the expiration of the extinctive prescription of the secured obligation, since the provisional registration of this case on household has expired due to the expiration of the prescription period, even if the provisional registration of this case is a provisional registration of security.

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