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(영문) 부산지방법원동부지원 2015.10.06 2015가단206081

소유권이전등기말소 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts are recognized according to the purport of Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and 3 and the whole arguments.

A. The Plaintiff entered into a credit guarantee contract with C, and D jointly and severally guaranteed the obligation to be borne by the said company to the Plaintiff in accordance with the said credit guarantee contract.

C was granted loans from the Industrial Bank of Korea on the basis of the above credit guarantee, but from August 17, 2007, the Plaintiff failed to pay the loans properly. Accordingly, on October 19, 2007, the Plaintiff paid the principal and interest of loans to the Industrial Bank of Korea on behalf of the Plaintiff in accordance with the above credit guarantee contract.

B. On the other hand, at the auction procedure on January 11, 1997, D acquired the ownership by receiving a successful bid of the building as indicated in the attached Form (hereinafter “instant building”), and borrowed KRW 35 million out of the successful bid price, and thereafter, D leased the instant building to E, the former owner of the said building, and returned KRW 18.5 million upon termination of the lease. However, B received a seizure order regarding the E’s claim for return of the lease deposit upon the claim against E.

D borrowed KRW 3 million from B and paid to E as director expenses.

D As such, D assumed the debt of the aggregate of KRW 56,50,000 for B, and instead repaid the debt, the ownership of the instant building was transferred.

However, B decided to make a provisional registration on October 13, 1998, instead of filing a registration of transfer of ownership on the grounds of tax issues, etc., and completed the principal registration of transfer of ownership on October 14, 1998 on the grounds of transaction reservation (hereinafter “the provisional registration of this case”), and on October 20, 209, on the grounds of sale on October 9, 2009.

C. B sells the instant building to the Defendant on February 10, 2010, and the registration of ownership transfer is made on March 17, 2010.