Text
1. On November 20, 2008, the defendant shall make a Chuncheon District Court registry office with respect to the real estate stated in the attached list to the plaintiff.
Reasons
1. Basic facts
A. On November 20, 2008, the Plaintiff is the owner of the real estate listed in the separate sheet, and on the above real estate, the fact that the provisional registration of the right to claim ownership transfer under the name of the Defendant was completed under the receipt of the registration office of the Chuncheon District Court on November 20, 2008 (hereinafter “the provisional registration of this case”) is no dispute between the parties
B. The Defendant’s explanation of the completion of the provisional registration of this case or of the name is not consistent.
On June 21, 2019, the Defendant made a statement to the effect that he/she received documents related to the provisional registration of this case by lending money to C, who is the Plaintiff, at the first day for pleading. On July 2, 2019, the Defendant asserted that the preparatory documents submitted on July 2, 2019 were provisional registration based on the purchase and sale reservation, but on August 2, 2019, he/she borrowed money to C prior to the filing of the provisional registration of this case on the second day for pleading, and stated that the additional lease was made the total amount of KRW 40 million.
C. Since then, through the application for resumption of pleadings submitted on August 13, 2019 and the preparatory documents submitted on September 10, 2019, the Defendant concluded that the instant provisional registration constituted a provisional registration as collateral security. The Defendant asserted to the effect that, upon receiving a demand from C which operated the automobile soundproof service business for a loan of operating funds, the Defendant lent the funds without fixing the repayment period separately from November 2008 to September 2012, the instant provisional registration was completed for the purpose of collateral security. The Plaintiff does not dispute the facts alleged by the Defendant.
2. The plaintiff asserts that the provisional registration of this case should be cancelled because the claim for ownership transfer registration or the secured claim in the provisional registration for the purpose of security has expired selectively, or the limitation period of the right to complete the purchase and sale reservation has expired.
On the other hand, loans to the defendant C, which correspond to the secured claim of the provisional registration of this case, (hereinafter referred to as the "claim of this case") shall be claims with no fixed time limit.