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(영문) 서울중앙지방법원 2017.01.20 2016나5763

소유권이전등기말소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On May 194, E Co., Ltd. (hereinafter “E”) concluded a guarantee insurance contract with the Plaintiff, and C jointly and severally guaranteed the obligations of the Plaintiff of the non-party company.

B. On March 7, 1995, the joint and several surety of the non-party company C completed the registration of ownership transfer to the co-defendant B (C friendly son; hereinafter referred to as "B") of the real estate listed in the separate sheet (hereinafter referred to as "real estate of this case") on the ground of "sale on February 20, 195" (No. 18666). (c) On April 21, 1995, the non-party company paid KRW 50 million insurance money to the non-party company, the insured on June 7, 1995, the plaintiff filed a provisional disposition of prohibiting disposal of the real estate of this case with the court of first instance on the ground of "sale on February 20, 1995" (the plaintiff revoked the registration of this case on May 23, 1998) and the plaintiff did not file a lawsuit against the non-party company on May 28, 2008 (the plaintiff completed the registration of this case on May 28, 19998).

(C) On March 9, 2012, the lower court rendered a judgment that “C shall jointly and severally with the non-party company, etc., to pay to the Plaintiff 171,93,739 won and 18,942,831 won per annum from August 12, 2011 to the day of full payment,” and that “C shall pay to the non-party company, etc. 19% interest per annum from August 12, 201 to the day of full payment,” and the above judgment was finalized on March 30, 2012.

G. The Plaintiff’s assertion against B and the Defendant as to the instant real estate.