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(영문) 수원지방법원안양지원 2017.09.21 2016가단4288

소유권이전등기말소 등

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1. Of the real estate listed in the separate sheet to Nonparty D, Defendant A with respect to 2/5 shares, and Defendant C with respect to 3/5 shares.

Reasons

1. Basic facts

A. On May 15, 1996, the Gyeonggi Bank Co., Ltd. (hereinafter referred to as the “Nonindicted Bank”) designated and lent KRW 10,00,00 to Nonparty E at an interest rate of 14.5% per annum, 19% per annum, 19% per annum, and maturity of March 29, 199, and D jointly and severally guaranteed the above loan obligations, and the bank guaranteed the above joint and several surety on the real estate stated in the separate sheet (hereinafter referred to as the “instant real estate”) owned by Suwon District Court (hereinafter referred to as the “instant real estate”) on October 22, 1996, the real estate provisional attachment order (hereinafter referred to as the “provisional attachment 1”) was executed on October 28, 196 by the Suwon District Court (Yyang Branch Branch Branch of the Suwon District Court) was executed on October 28, 196.

B. On July 12, 2004, the Plaintiff (former Mutual Aid Corporation) received loan claims and joint and several liability claims from the Korea Deposit Insurance Corporation, the trustee in bankruptcy of the non-party bank, for the non-party bank, under the bankruptcy claim transfer contract. The Korea Deposit Insurance Corporation notified E and D of the above assignment of claims on September 24, 2004. The Plaintiff, on May 2, 2006, is the real estate of this case as Seoul Southern District Court Order 2006Kadan9551, to preserve the execution of the above transfer of claims.

The provisional attachment No. 2 was enforced on May 4, 2006 by the Suyang Branch of the Suwon District Court, Anyang Branch of the Family Court, which was enforced on May 4, 2006.

C. After the plaintiff filed a claim against D as Seoul Central District Court 2006Gapo203637, and the above court decided that "D shall pay to the plaintiff 22,928,205 won and 9,429,628 won with 19% per annum from July 14, 2004 to December 6, 2006, and 20% per annum from the next day to the date of full payment." The above decision became final and conclusive.

On the other hand, F's Suwon District Court on the instant real estate at the time of the registration of provisional seizure Nos. 1 and 2.