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(영문) 대전지방법원천안지원 2016.05.31 2015가단107423
가등기말소
Text

1. As to the real estate stated in the attached list to the plaintiff, the defendant is the Daejeon District Court's Busan District Court's ASEAN Branch Office on 2001.

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), C completed the provisional registration of the right to claim ownership transfer registration (hereinafter “the provisional registration of this case”), under the receipt No. 19536, Jun. 15, 2001, the Daejeon District Court’s ASEAN Branch Office for the District of Daejeon District on June 8, 2001, based on the pre-sale agreement.

B. On March 24, 2014, the Plaintiff completed the registration of ownership transfer as the receipt of No. 32395 on May 19, 2014 on the instant real estate by reason of the sale by compulsory auction.

C. On July 30, 2007, on the instant real estate, an additional registration was completed prior to the provisional registration of this case against the person having the provisional registration right as the defendant under Article 26201, which was received on April 28, 2015, on the ground of the agreement.

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

2. Determination as to the cause of the claim: (a) in the unilateral promise for sale as stipulated in Article 564 of the Civil Act, the right which would make the effect of the sale by expressing the other party’s resolution on the completion of the sale; (b) the so-called right to the completion of the subscription, if the parties agree on the duration of the exercise; (c) if there is no such agreement, the right to the completion of the subscription shall be exercised within the said period; and (d) if there is no such agreement, within 10 years after the establishment of the promise

(2) The provisional registration of this case was completed on the ground of the pre-sale agreement with regard to the real estate of this case by D (see, e.g., Supreme Court Decision 2000Da26425, Jan. 10, 2003). However, as seen earlier, it is apparent that D's right to complete the pre-sale agreement of this case has ceased to exist over the exclusion period. Thus, the Defendant is obliged to cancel the provisional registration of this case to the Plaintiff.

3. The defendant's assertion

A. The Defendant asserted a provisional registration for security, the provisional registration of this case was completed by setting loans to D’s loans to D as secured claims.

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