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(영문) 대구지방법원경주지원 2015.01.20 2014가단1891

소유권이전등기

Text

1. As to each real estate listed in the separate sheet:

A. Defendant A may provide Defendant B with Daegu District Court racing support on March 2012.

Reasons

1. Basic facts

A. (1) The Korea Deposit Insurance Corporation in bankruptcy of the Ulsan Franchising Credit Cooperatives filed a lawsuit against Nonparty C, E, and F with the Ulsan District Court 2005da64159. On May 23, 2005, the above court issued a recommendation for performance that “C, E, and F jointly and severally issued to the bankruptcy trustee in bankruptcy of the Ulsan Franchising Credit Cooperatives, the amounting to 15,508,066 won and the amount equivalent to 27% per annum from December 2, 1999 to the date of full payment,” and that “C, E, and F did not raise any objection with the delivery of the original copy of the decision on performance recommendation as above on June 9, 2005, and on June 24, 2005.”

② Since then, all claims against C, E, and F based on the above recommendations were finally transferred to the Plaintiff.

B. The auction procedure for exercising the security right was commenced with respect to each real estate listed in the separate sheet owned by C (hereinafter “each real estate of this case”). Defendant B paid KRW 51,00,000 for the purchase price on August 6, 199 at the above auction procedure and paid KRW 51,00,000 for the purchase price on August 6, 199, following completion of the registration of ownership transfer on September 3, 199.

C. On October 20, 199, Defendant B completed the registration of creation of a mortgage of KRW 45,000,000 on each of the instant real estate in the name of the Ansan Credit Union in order to secure the debt owed to the Ansan Credit Union.

Defendant A, his father, on March 7, 2012, completed the ownership transfer registration for each of the instant real estate on the same day by the number of 12446 on the same day (hereinafter “instant ownership transfer registration”).

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2-2, and 2-2, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. C did not bear the purchase price in the auction procedure with respect to each of the instant real estates, but Defendant B’s name.