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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
The plaintiff argues that since the provisional registration of this case has been made by the defendant to secure the loan to B, the provisional registration of this case, which is the cause of the provisional registration of this case, is invalid as a false conspiracy, and provisional registration based on an invalid trade promise, should be cancelled as a registration without any cause.
However, if a provisional registration of a debtor's right to claim a transfer of ownership has been made to secure a claim, this is so-called a provisional registration, and as to this, the effect as a security by applying the Provisional Registration Security Act (hereinafter "Provisional Registration Security Act") or as so-called weak meaning, may be claimed for a transfer of ownership to the debtor's real estate if certain requirements are met by going through liquidation procedures pursuant to the Provisional Registration Security Act. Thus, an agreement between the creditor and the debtor who has made a provisional registration for the above purpose cannot be deemed null and void as a false declaration of agreement. This cannot be viewed as a different agreement on the ground that a provisional registration was made
(See Supreme Court Decision 95Da39526 delivered on September 30, 1997). The Plaintiff asserts that the limitation period of the right to complete the pre-sale should have elapsed ten years since the limitation period of the right to complete the pre-sale, and that the provisional registration of this case should be cancelled.
However, the provisional registration of this case is a provisional registration for security, and in order to obtain the principal registration of transfer of ownership, if the provisional registration holder satisfies the requirements for the execution of the provisional registration for security by undergoing liquidation procedures in the case of applying the Provisional Registration Security Act, it cannot be said that the exercise of the right to complete the purchase and sale reservation is necessary. Thus, it cannot be said that the provisional registration is placed in the place where the
The plaintiff at the expiration of the extinctive prescription of the secured claim of this case is a claim for which the secured claim of this case is not determined due date. The extinctive prescription of March 10, 2019 is not established.