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(영문) 수원지방법원 2016.04.07 2015가단10741
가등기에기한본등기절차이행
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 7, 2008, the Daegu District Court’s Seo-gu Branch Branch Office, as the receipt of No. 12300 on October 7, 2008, issued a provisional registration (hereinafter “instant provisional registration”) with respect to the 28,959 square meters of forest land C in the Gyeongbuk-gun, the Defendant owned by the Defendant, and the provisional registration (hereinafter “instant provisional registration”) was completed on the ground of the promise to trade on the same day.

B. On May 14, 2009, the Plaintiff completed the registration of transfer of ownership transfer claim based on transfer of contract as of May 14, 2009 by the same registry office (No. 4379).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s mother of credit business chain, while lending the Plaintiff’s funds to the Defendant’s wife G, completed provisional registration in the name of D, which is an employee of the said lending business entity, and at that time the Defendant was aware of all these circumstances and transferred documents necessary for provisional registration. D, a person holding a provisional registration, transferred the said contract to the Plaintiff who is a real obligee, and completed the registration of transfer of the provisional registration of this case, as the above loan was not recovered. The Defendant is obliged to perform the principal registration procedure on the ground of the completion of the pre-sale agreement on the date of delivery of a copy of the complaint of this case, since it was not repaid until

B. The Defendant’s assertion 1) The provisional registration of this case is a provisional registration for the purpose of claim security, and the Defendant borrowed money from credit service company E to offer the real estate of this case as security, and the above loan company made a provisional registration in the name of D at will, which is an employee, and the above registration is null and void. 2) Even if the provisional registration of this case is valid, the Defendant satisfied all the secured obligation of the provisional registration of this case, and thus the above provisional registration should

3 Even if the provisional registration of this case is valid and the secured obligation has not been fully repaid, provisional registration for the purpose of collateral security is made.

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