소유권이전청구권가등기말소
1. The defendant, on June 24, 1997, filed with the plaintiff with respect to the 143,405 square meters of forest land C in Jinandong-gun, Jinandong-gun, Jinandong-gun, Seoul, for the plaintiff
1. Basic facts
A. On June 24, 1997, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on June 15, 1997 with respect to the land of 143,405 square meters (hereinafter “the instant land”) in Jinan-gun, Jinan-gun, Jinan-gun, Jinan-gun owned by D, Jinan-gun, Jinan-gun, Jinan-gun (hereinafter “the instant land”).
B. Meanwhile, the Plaintiff filed a lawsuit with the Jeonju District Court 2013Kadan23862 when claiming the return of the purchase-price of forest trees against D, but on February 20, 2014, it was concluded that D shall pay to the Plaintiff KRW 35,00,000 by May 31, 2014.
C. Around July 11, 2014, D owned the instant land in Jinanan-gun E, F, and the instant land, and D’s total value of E and F in Jinan-gun and Jinan-gun in the aforementioned temporary border area is KRW 205,004,830, and the value of the instant land is KRW 91,779,200.
On the other hand, D was in arrears with taxes of KRW 249,361,450 as of December 17, 2014, and as of January 8, 2015, Seoul Special Metropolitan City was in arrears with taxes of KRW 19,401,70, including resident tax, etc.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including virtual numbers), and the purport of the whole pleadings
2. Determination on the cause of the claim
A. As to the Defendant’s assertion of insolvency, the Defendant asserted that the Plaintiff’s claim of this case on behalf of the obligee on behalf of the obligee did not satisfy the requirements of insolvency, and thus, I first examine this.
In a case where the obligee’s right to the obligor, which is to be preserved by subrogation, is a monetary claim, the necessity of preserving the obligee’s right to the obligor, namely, the obligee may exercise the obligee’s right to the third obligor on behalf of the obligor only when the obligor is insolvent, and the obligee’s insolvency as a requirement for subrogation means that the obligor has no ability to perform. In particular, if it is impossible to expect voluntary repayment, the repayment through compulsory execution shall be considered. It is a small property.