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As to the Plaintiff’s share of 403/532 square meters in Seo-gu Busan Metropolitan Government 53.2 square meters:
A. The defendant B is Busan District Court.
Reasons
1. Determination as to the cause of claim
A. According to the facts that there is no dispute between the parties, and the purport of Gap evidence Nos. 1 and 1 and 2 evidence Nos. 1 and 1 and 2, Defendant B promised to lend money to the Plaintiff. In order to secure the above loan obligation, the Plaintiff: (a) on February 8, 2011, owned by the Plaintiff on February 8, 201, registered the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) with the Busan District Court’s registry office as of February 8, 201, as of February 3182, 201, the right to claim transfer of ownership (hereinafter “the provisional registration of this case”); (b) on May 21, 2015, Defendant B did not pay taxes to the Plaintiff including the total income tax and value added tax; and (c) on May 21, 2015, the Plaintiff did not actually seize the Plaintiff’s right to claim transfer of ownership against the Plaintiff on May 21, 2015.
B. According to the above facts, the provisional registration of this case is a security for securing the credit against the plaintiff of this case, and there is no secured claim secured by the above provisional registration. Thus, the defendant B is liable to implement the procedure for cancellation of the registration of this case to the plaintiff, and the defendant Republic of Korea is liable to express his/her consent as a third party with interest in the above cancellation registration.
2. Judgment on the assertion by Defendant Republic of Korea
A. Even if the monetary consumption and loan contract secured by the provisional registration of this case between the plaintiff of the defendant Republic of Korea and the defendant B was lawfully rescinded due to the delay in the performance of the defendant B, the defendant Republic of Korea constitutes a third party protected by the No. 548 (1) proviso of the Civil Code, and thus, there is no obligation to accept the cancellation of the provisional registration of this case.
B. The right to request the registration of transfer of ownership, which is a seized bond, is above.