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(영문) 의정부지방법원 2015.02.10 2014가단24662
가등기말소
Text

1. The Defendant (Counterclaim Plaintiff) has jurisdiction over the land indicated in the separate sheet against the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. As to the land listed in the separate sheet owned by the Plaintiff on November 16, 1989 (hereinafter “instant land”), “the provisional registration of this case is “the provisional registration of this case” as to the land registered in the separate sheet owned by the Plaintiff on November 17, 1989 (No. 13368 of receipt on November 17, 1989).

The fact that the parties have completed has no dispute between them.

2. Determination as to the principal lawsuit and the counterclaim

A. 1) The provisional registration of this case, which is the cause of the principal lawsuit, was completed to secure it by borrowing and securing KRW 9 million from the defendant on November 6, 1989, and the secured obligation has expired by the lapse of the ten-year extinctive prescription period. In addition, even if the provisional registration of this case was completed on the basis of the pre-sale contract between the plaintiff and the defendant, even if the provisional registration of this case was completed on November 17, 1989, when the provisional registration of this case was completed, the defendant's right to claim ownership transfer registration of the plaintiff has expired due to the lapse of the ten-year period from November 17, 1989, the provisional registration of this case, which is the cause of the principal lawsuit, was also obligated to implement the procedure for cancellation registration of the provisional registration of this case. 2) The defendant's defense against the plaintiff against the principal lawsuit and the provisional registration of this case, which is the cause of the counterclaim, was purchased from the plaintiff on November 6, 1989 and completed the claim for ownership transfer registration of this case.

Rather, the Plaintiff is obligated to perform the procedure for ownership transfer registration under the instant sales contract to the Defendant.

B. The following facts are comprehensively taken into account the facts acknowledged as Gap's evidence Nos. 2, 5, Eul's evidence Nos. 2, and Eul's witness Eul's witness's partial testimony.

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