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(영문) 수원지방법원평택지원 2016.09.07 2016가합8031

가등기말소

Text

1. As to the real estate stated in paragraph 1 of the attached list to C, Defendant A shall register the Suwon District Court’s Eunpyeong Housing Site Costs, and shall register the real estate in the attached list to C.

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement against C 1) The Plaintiff is D Co., Ltd. (hereinafter “D”) on June 12, 1996 and June 12, 1998.

(2) According to the above credit guarantee agreement, C has concluded a credit guarantee agreement with the Plaintiff, and C has jointly and severally guaranteed the indemnity obligation owed by D to the Plaintiff. 2) The Plaintiff subrogated for the loan obligation of D to the Plaintiff in accordance with the above credit guarantee agreement, and subsequently filed a lawsuit against D, C, etc. under the Seoul Central District Court Decision 99Da318188, and the said judgment became final and conclusive around that time.

3) For the extension of the extinctive prescription on July 30, 2010, the Plaintiff filed a lawsuit for the claim for re-payment with Seoul Central District Court Decision 2010Da29743, Nov. 4, 2010, and the said judgment became final and conclusive around that time, on November 4, 2010: “D, E, F, G, H, and C shall jointly and severally have KRW 324,54,591, and KRW 309,039,094 among them, and KRW 18% per annum from November 29, 209 to September 15, 2010; and KRW 20% per annum from the following day to the date of full payment.” (B) Defendant A’s real estate acquisition of the Defendants’ real estate due to the purchase and sale registration of the housing site and KRW 198, Nov. 26, 198.

(2) Defendant B, a spouse of the instant provisional registration, purchased on May 15, 2002 the real estate listed in paragraph (2) of the attached Table from I and J on July 24, 2002, and completed the registration of ownership transfer for sale on the ground of sale on July 24, 2002. The real estate listed in paragraph (3) of the attached Table (attached Table 2 together with the real estate listed in paragraph (2) of the attached Table shall be referred to as “each of the instant real estate.”

(c) A newly constructed and completed registration of initial ownership on September 10, 2004. C is insolvent as of the closing date of the instant pleadings. [Grounds for recognition] Evidence A Nos. 1 through 4 (including household numbers, and each entry to the Ministry of Land, Infrastructure and Transport).