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(영문) 전주지방법원정읍지원 2011.06.14 2009가단7647
소유권이전청구권가등기말소
Text

1. The Defendant (Counterclaim Plaintiff) from February 13, 1999 to KRW 10,00,000, respectively, and each of the said amounts.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On February 23, 1999, the provisional registration under Paragraph (1) of the main text of the Defendants’ name (hereinafter “the provisional registration of this case”) was completed on February 10, 199 with respect to shares of 1/2 among the real estate listed in Paragraph (1) of the order owned by the Plaintiff (hereinafter “instant real estate”) on February 23, 199, on the grounds of the pre-sale agreement on February 10, 199, may not be disputed between the parties, or may be acknowledged by the statement under Paragraph (1) A

2. The assertion and judgment

A. The provisional registration of this case, which is the cause of the Plaintiff’s claim of the parties, is the so-called provisional registration for security for the purpose of guaranteeing the return of the borrowed amount under a loan for consumption contract.

The secured claim of the above security provisional registration is a monetary loan obligation of KRW 20,000,000 that the Defendants lent to the Plaintiff on February 13, 1999.

However, since the plaintiff and the defendants did not separately set the due date for the above secured claim, the extinctive prescription of the above secured claim has expired from February 13, 199, and from February 13, 2009, the extinctive prescription of the above secured claim has expired on February 13, 2009, and even if the above secured claim has not been completed, the defendants' right to complete the reservation based on the pre-sale as of February 10, 199 can have been exercised from the time when the above pre-sale was entered into, and thus, the above pre-sale right was extinguished on February 10, 2009, which was ten years after February 10, 1999 upon which the above pre-sale was entered into, and thus, the above pre-sale right has expired due to the expiration of the exclusion period. Accordingly, around all, the Defendants seek for the cancellation of the provisional registration as part of the claim for exclusion of disturbance based on ownership due to the completion of the extinctive prescription and the expiration period of the above pre-sale right.

Furthermore, even if the above extinctive prescription has not been completed or the above period of exclusion has not expired, the amount of the secured obligation of the above provisional registration shall be KRW 20,000,000 as principal and this.

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