logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.01.12 2015가단6462
가등기설정 등기말소
Text

1. Of the instant lawsuit, with respect to the shares of 6/8 of the real estate listed in paragraphs 1 and 2 of the attached list of real estate by Plaintiffs A and B.

Reasons

1. Basic facts

A. On July 11, 198, the Seopopo District Court Seopo District Court Decision 24016, which received on July 11, 1988, and July 5, 198, the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on July 5, 198, and the registration of ownership transfer was completed on July 6, 1989 by the receipt No. 2266 of the same registry office on February 3, 1990.

B. Defendant E received, on March 3, 1998, the registration of the establishment of a mortgage over the maximum debt amount of KRW 40 million (hereinafter “the registration of the establishment of a mortgage over the first place”) with respect to the shares of Defendant D out of each real estate indicated in the same list as of March 3, 1998 by the same registry office, as of April 29, 2004, the registration of the establishment of a mortgage over the maximum debt amount of KRW 110 million (hereinafter “the registration of the establishment of a mortgage over the second place”) was completed, respectively.

C. All shares of F, G, and H in each real estate listed in the same list were transferred to Plaintiff A and B on September 12, 2013 through I, J, and all shares of Plaintiff A and B on paragraph 3 of the same list were transferred to Plaintiff C on March 13, 2015.

[Reasons for Recognition] Facts without dispute, purport of whole pleadings.

2. As the plaintiffs' assertion did not complete the provisional registration of this case 10 years after the date of the provisional registration of this case with respect to each of the real estate listed in the attached list, the exclusion period of provisional registration expired. Since the registration of establishment of mortgage of this case by the defendant E was ten years, the establishment of mortgage of this case was terminated, the plaintiff Eul and Eul are the right holder of the real estate listed in the same list, and the plaintiff Eul are the right holder of the real estate listed in paragraphs 1 and 2, and the registration procedure of cancellation of each of the registration of establishment of a mortgage of this case against the defendant Eul and the defendant Eul.

3. Main Safety Determination

(a) An interest in the registration of a person who is not a person responsible for registration (the title of registration or his general successor);

arrow