가등기말소
1. Defendant B shall be affiliated to the real estate stated in the attached Table to the NonpartyD and the Daejeon District Court’s debate support on March 24, 2010.
1. The facts following the facts are found to be without dispute between the parties, or to be acknowledged by considering the whole purport of the pleadings in each entry in Gap evidence 1 to 11.
A. On December 18, 2008, the Plaintiff entered into a credit guarantee agreement with Nonparty E Co., Ltd. (hereinafter “Nonindicted Company”).
The non-party D guaranteed the debt owed to the plaintiff of the non-party company according to the above credit guarantee agreement.
B. The plaintiff on August 27, 2009
According to the credit guarantee agreement stated in the paragraph, 140,000 won was subrogated to Nonparty F, and 14,410,000 won was filed against D et al. in a lawsuit claiming the above 144,100,000 won as the amount of indemnity, and damages for delay was adjudicated on November 25, 2009 and confirmed on December 19, 2009.
C. The plaintiff's status D. B
The amount of indemnity stated in the claim is KRW 348,634,433 as of October 4, 2016 (the principal KRW 144,41 million among them). D.
On the other hand, D completed on March 24, 2010, the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration 1”) on March 23, 2010 with respect to the real estate listed in the separate list owned by it, and completed on October 14, 2016, the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration 2”) was completed against Defendant C on the same day’s trade reservation (hereinafter “instant trade reservation”).
E. Defendant B is the Defendant’s sentence, and Defendant C is the smallest ID.
2. The Plaintiff asserts that, in the determination of the claim against Defendant B, the provisional registration No. 1 is invalid as the secured claim is not established by the provisional registration for security, and thus, the cause thereof is invalid. Thus, the Plaintiff asserts that he/she seeks the cancellation of the claim against Defendant B by subrogation with the claim for indemnity against D as the
As to this, Defendant B lent KRW 50 million to D on December 16, 2005, and on March 23, 2010, Defendant B claimed that the interest rate of KRW 3% per annum on the said money and the period of repayment was set on March 24, 2020 and the provisional registration was completed as a security, which is not null and void.