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(영문) 의정부지방법원 2018.02.07 2017나5953
가등기의 본등기절차이행 및 건물인도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the first instance except for the alteration of part of the judgment of the first instance as follows. Thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The Provisional Registration Security Act does not apply to the Act on the Provisional Registration during the 7th day of the judgment of the court of first instance on the 4th day. Of course, the Act on the Provisional Registration Security does not apply (see Supreme Court Decision 2015Da63138, 63145, Oct. 27, 2016). A change to the 5th day of the judgment of the court of first instance may be made as follows. In a case where a principal registration is requested based on a provisional registration having the weak meaning as a security for transfer, the court may hear the value of the real estate and the amount of claims secured by the provisional registration, and if the value of the real estate is less than the amount of claims secured by the provisional registration, the court shall accept the principal registration claim on the grounds of completion of settlement based on the provisional registration, and if the value of the real estate exceeds the amount of claims secured by the provisional registration, the court shall accept the principal registration claim on the grounds of the execution of security right based on the provisional registration.

2. The decision of the first instance court is just, and the defendant's appeal is dismissed.

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