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(영문) 청주지방법원 2015.12.10 2015가단106776
가등기말소
Text

1. The defendant on December 22, 1994, with respect to each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. On December 22, 1994, the Defendant completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) as of each real estate listed in the separate sheet owned by B, from the Cheongju District Court Mtju District Court No. 24269, Dec. 22, 1994, on December 20, 1994.

B. On the other hand, around November 4, 2014, the Plaintiff acquired the claim amounting to KRW 9,500,000 of the loan principal owned by the Korea Deposit Insurance Corporation of the Chungcheong Credit Cooperatives (Korea Deposit Insurance Corporation) against the said B, and the said claim interested to KRW 21,248,453 around June 25, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Determination as to the cause of claim

A. According to the above facts, at the time of the closing of argument in the instant case, it can be known that about 20 years have elapsed since the time when the provisional registration in this case was completed. It is unclear whether the provisional registration in this case is a provisional registration for preserving a right to claim transfer of ownership based on a trade reservation or a provisional registration for securing the payment of secured claims such as a loan, etc.

B. If the provisional registration of this case is understood as the provisional registration for preserving the right to claim transfer of ownership based on the purchase and sale reservation on December 20, 1994 as stated in the separate list as stated in the separate list, if it is understood as the provisional registration for preserving the right to claim transfer of ownership based on the purchase and sale reservation, the right to complete the purchase and sale reservation is a kind of right to create the period of exercise between the parties, and if there is no such an agreement, it shall be exercised within 10 years from the time the reservation is established, and if there is no such an agreement, the right to complete the reservation shall be extinguished upon the lapse of the exclusion period (see, e.g., Supreme Court Decision 200Da26425, Jan. 10, 200). In this case, there is no material to view that there is an exercise period agreement as to the purchase and sale reservation on December 20, 1994. Thus, the right to complete the pre-sale reservation based on the above sale reservation is established within 10 years from December 20,

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