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(영문) 대전지방법원홍성지원 2017.08.09 2016가단7302

소유권이전등기

Text

1. As to each real estate listed in the separate sheet to the Plaintiff, the Defendant is based on payment in kind on July 14, 2014.

Reasons

1. Basic facts

A. On February 25, 2004, Sungju-gun requested C to guarantee the deposit of recovery expenses when permission was granted for the gathering of earth and rocks on three parcels, other than D, Sung-gun, Seongbuk-gun, and (hereinafter “the instant gathering of earth and rocks”).

B. On March 10, 2004, C entered into a guarantee agreement with respect to the deposit for the collection of earth and stone in the Seoul Guarantee Insurance and the collection of earth and stone in the instant case with the insurance coverage amount of KRW 367,200,000, and the insurance coverage period from January 1, 2004 to August 31, 2012, and Defendant and E (C), F, G, and H have jointly and severally guaranteed the obligation owed by C to Seoul Guarantee Insurance in accordance with the above guarantee agreement with the Seoul Guarantee Insurance.

In addition, E has set up a pledge on his deposit claim as security for the above joint and several debt in Seoul Guarantee Insurance.

C. On April 1, 2012, C entered into a modified contract with Seoul Guarantee Insurance to extend the term of the above guarantee agreement to the end of August 31, 2014 and to increase the purchase price of insurance to KRW 504,580,000. The Defendant, E, F, G, and H are jointly and severally guaranteed obligations owed by C for Seoul Guarantee Insurance according to the above modified contract.

On September 12, 2013, Sungju-gun revoked the instant permission to collect earth and stones, etc. other than the additional deposit of expenses for recovery of mountainous districts, and the scope of permission. On September 23, 2013, C notified C of the issuance of the plan to recover by October 14, 2013. On October 15, 2013, Sungju-gun, who did not submit the plan to recover, requested C to pay the guaranteed insurance amount of KRW 504,580,000.

E. Seoul Guarantee Insurance: (a) filed an application for provisional seizure against real estate with the Daegu District Court 2013Kadan3499 by deeming the claim for the advance reimbursement of KRW 504,580,000 against the Defendant, C, E, F, and G as the preserved right; and (b) received a decision on provisional seizure against real estate from the said court on November 13, 2013; (c) paid the guaranteed insurance amount of KRW 504,580,000 to Sungju-gun on December 6, 2013; and (d) paid the guaranteed insurance amount of KRW 504,62,600 on December 9, 2013.