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(영문) 부산지방법원 동부지원 2018.12.12 2018가단203090
가등기말소
Text

1. On May 198, 1998, the defendant filed with C Co., Ltd. a registration office of Changwon District Court for each real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. Korea Housing Guarantee Co., Ltd. filed a lawsuit against Korea Housing Guarantee Co., Ltd. (hereinafter “C”) to claim loans from Changwon District Court 2014Kahap32861, Nov. 6, 2014; “C” was sentenced to 16% per annum from June 4, 1999 to September 14, 199; 14% per annum from the following day to May 31, 2003; 20% per annum from the following day to the date of full payment; 240,000,000, to the date of full payment; 5% per annum from the following day to August 31, 1998 to the date of full payment; 5% per annum from the following day to the date of full payment; 1.6% per annum from the following day to the date of full payment; 3.9% per annum from the following day to the date of full payment; 1.9% per annum from the following day to August 19, 1998.

B. Of the loan claims established by the above judgment, the part (1) (1), among the loan claims, was transferred to D Co., Ltd. on December 5, 2014, and the Plaintiff on December 16, 2016, and each of the above transfer was notified to C.

C. Meanwhile, on May 6, 1998, with respect to each real estate listed in the separate sheet as C owner (hereinafter “instant real estate”), the provisional registration of the right to claim transfer of ownership was completed on May 6, 1998 as indicated in the order of the Defendant’s name on the ground of trade reservation (hereinafter “the provisional registration of this case”).

C is currently in excess of obligations without any particular positive property, in addition to the instant real property.

【Reasons for Recognition】 Evidence Nos. 1 through 5, No. 3, the purport of the whole pleadings

2. Determination:

A. There is no evidence to prove that the period of exercise was agreed upon with respect to the right to the completion of a pre-sale agreement, which is the cause of provisional registration of this case, the right to complete the pre-sale agreement of the defendant, barring any special circumstance, was extinguished by the ten-year exclusion period from May 6, 1998 when the pre-sale agreement was concluded.

B. The defendant.

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