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Main Issues
Effect of provisional registration made on the security of obligation
Summary of Judgment
Where a provisional registration has been made for a real estate as a security for a obligation, even after the time limit for performance of obligation expires, the creditor may at any time repay the principal and interest and seek the cancellation of the provisional registration before the creditor performs the principal and interest by delivery of the real estate and liquidates the time limit for the security right, and solely on the ground that the time limit for performance expires, it cannot be deemed that the sale of the said obligation and the object of registration has been renewed by means
[Reference Provisions]
Article 372 of the Civil Act
Plaintiff, the deceased and the deceased
[Judgment of the court below]
Defendant-Appellee
Defendant
original decision
Seoul High Court Decision 78Na2405 decided Oct. 19, 1979
Text
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
Reasons
The grounds of appeal by the plaintiff's attorney are examined comprehensively.
According to the judgment of the court below, since the non-party 1 invested 2 million won in the defendant's monetary loan with the non-party 2 and the non-party 1 as a result of business failure, the above non-party 1 evaluated his business share as 1.5 million won and agreed to recover the road at the defendant's request, and the above non-party 1 agreed to lend 1.5 million won at the defendant's request, 1.5 million won and 3.4.5 million won in total with interest for the same money were agreed to be repaid to the above non-party 1, and provisional registration was made as a collateral for this claim, but the defendant did not borrow the above 1.5 million won as above from the above non-party 1 on August 23, 1979 on the premise that the above provisional registration had been cancelled for the above provisional registration and the interest on the non-party 1,500,000 won and the above provisional registration had been cancelled on the premise that the above provisional registration had not been executed within the limit of 1.
Justices Kang Jae-hee (Presiding Justice)