1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. The court's explanation concerning this case is identical to the part of the reasoning of the judgment of the first instance, except for adding the judgment as set forth in the following paragraph (2). Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. Since the agreement of the original defendant on February 16, 2005 by the defendant's assertion of each of the instant claims and the power of attorney contains an agreement to set up at least a weak meaning of security transfer, the plaintiff must undergo liquidation procedures in order for the plaintiff to file a claim for the registration of ownership transfer following the execution of the said security right, but the plaintiff did not undergo liquidation procedures.

Therefore, the defendant cannot respond to the plaintiff's claim before the plaintiff completes liquidation procedures under the above transfer security agreement.

B. Since the Plaintiff’s claim for the registration of transfer based on “transfer agreement” is not a claim for the registration of transfer of ownership based on the exercise of a security right, the Plaintiff’s claim for this part of this case based on the premise that the Plaintiff’s claim is a claim for the registration of transfer of ownership based on the exercise of a security

In addition, in the event that a transfer for security for the security of the borrowed loan obligation has been concluded, but the transfer for security has not been made, the security interest arises only when the transfer for security has been made by completing the registration of ownership transfer pursuant to the security contract. Therefore, the creditor should seek the execution of the transfer for security pursuant to the provisional registration, etc. prior to the execution of the liquidation procedure under the Provisional Registration, etc. Security Act and undergo the liquidation procedure under the Act following the registration of ownership transfer by seeking the execution of the registration of ownership transfer pursuant

(Supreme Court Decision 96Da31116 delivered on November 15, 1996). Therefore, the defendant's above assertion is without merit.

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