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(영문) 서울서부지방법원 2011.06.02 2010가단21996

소유권이전청구권가등기말소등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As to the instant real estate owned by Nonparty B, the provisional registration of the right to claim ownership transfer under the Defendant’s name was made on June 21, 1983 as the date of receipt on June 21, 1983 (hereinafter “the provisional registration of this case”), and the provisional registration of this case was completed on July 29, 2010 as the principal registration based on the provisional registration of this case was issued on July 26, 2010 (hereinafter “the principal registration of this case”).

B. On July 16, 1992, April 26, 1993, and June 12, 1993, the plaintiff asserted that, at the time when the above company entered into a credit guarantee agreement with the same company on the guarantee of the obligation for loans from the new bank, the non-party B jointly and severally guaranteed the obligation for indemnity against the plaintiff, the Seoul Central District Court 2004Kadan395806. The above court accepted the lawsuit and accepted the lawsuit on May 3, 2005, "the non-party B and the above company jointly and severally 19,939,109, 255 won among them, 26,109, 255 won per annum from the following day to March 3, 1993, 17% per annum from the 195th day to the 198th day of December 198, 209, 193 to the 19th day of March 23, 2005.

【Ground of recognition】 The fact that there has been no dispute, evidence No. 1-2, evidence No. 1-1, and all pleadings

2. The assertion and judgment

A. (1) On June 21, 1983, Plaintiff B made a promise to sell and purchase the instant real estate with the Defendant, and subsequently made the instant provisional registration with respect to the instant real estate in the name of the Defendant in order to preserve the right to claim ownership transfer, but the Defendant was much much more than 10 years from that time. < Amended by Presidential Decree No. 22183, Jul. 2, 2010>