가등기말소
1. The plaintiff's lawsuit of this case against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff’s monetary claim (1) against Nonparty C (hereinafter “foreign clan”) was ordered to pay the amount calculated by the ratio of KRW 66,000,000 per annum to the Plaintiff and KRW 74,600 per annum from the day following the day of service of the payment order to the Plaintiff for the payment order to the Plaintiff, and the said payment order was finalized on August 21, 2017.
(2) In addition, on August 8, 2017, the Plaintiff filed an order for payment of the agreed amount with the non-party clan, and issued a payment order to the Plaintiff, stating that “the non-party clans are 22,00,000 won per annum and 15% per annum from the day after the day when the payment order was served to the day when the payment order was fully repaid, and KRW 54,800 is paid,” and the above payment order was finalized on August 31, 2017.
(hereinafter referred to as the “instant payment order”) b by covering the payment order as seen earlier.
Defendant A, who has made a promise and provisional registration for the return of substitute goods to the Defendants of the non-party clan, has claimed from the non-party clan for the reason of the promise to return substitute goods from the non-party clan on June 28, 2015 for the real estate listed in paragraph (1) of the attached Table (hereinafter “real estate 1”).
The provisional registration of ownership transfer security such as the entry in the paragraph (1) (hereinafter referred to as "provisional registration"), and the defendant B claimed the real estate listed in paragraph (2) of attached Table 2 (hereinafter referred to as "real estate 2") due to the same day's promise to return the substitute.
The provisional registration of ownership transfer security (hereinafter referred to as "second provisional registration") was made as described in the paragraph.
C. On September 2, 2017, the Plaintiff’s exercise of subrogation right by the Plaintiff’s creditor (hereinafter “instant real estate”) made a promise to return the substitute on June 28, 2015 between Nonparty clan and the Defendants to Nonparty clans.