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(영문) 대구지방법원서부지원 2014.07.17 2013가단26498
가등기말소
Text

1. With respect to B’s forest land C, 14575 square meters, the Defendant shall make the Seo-gu District Court’s Seo- Branch Branch of the Daegu District Court on February 2003.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 10 (including the whole number of paper numbers).

On January 23, 2002, the Plaintiff issued a credit guarantee certificate to B, and B received a loan of KRW 42,90,000,00 from the Daegu Yangyang Agricultural Cooperative as collateral on the same day.

B. However, B paid 48,866,69 won to the said Nonghyup on November 30, 2006 upon the request for performance of guarantee by the said Nonghyup, as it did not repay the above loans to the Daegu Yangyang Capital.

C. On April 24, 2003, B completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) against the Defendant on April 24, 2003, the Daegu District Court Seo-gu District Court’s Seo Branch Branch Branch Branch Office, No. 4096, April 24, 2003, which was received on April 24, 2003, based on the purchase promise as of April 23, 2003.

After filing the instant lawsuit on October 17, 2013, B filed the instant lawsuit with the Defendant on October 17, 2013, under Article 10843 of the Seogu District Court’s receipt of the Seogu District Court’s Branch Branch Branch Branch Branch’s Office, the Plaintiff completed the instant provisional registration for ownership transfer (hereinafter “instant ownership transfer registration”).

2. Determination

A. (1) The Plaintiff’s assertion (1) The provisional registration of this case’s assertion was made pursuant to the promise to sell and purchase between B and the Defendant on April 23, 2003, and even though the right to complete the reservation expired for the exclusion period of ten years, B completed the registration of transfer of ownership on October 17, 2013 to the Defendant on the ground of sale and purchase as of October 15, 2013.

Therefore, upon the plaintiff's request subrogated B, the defendant is obligated to implement the procedure for registration of cancellation of the provisional registration of this case and the transfer of ownership of this case.

(2) The provisional registration of this case by the Defendant is a sales reservation in the form of the grounds for registration.

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