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(영문) 창원지방법원 2016.04.26 2015가단84923

가등기말소

Text

1. The Defendants are the Ulsan District Court Yangsan Branch Office with respect to each 1/36 share of the real estate listed in the separate sheet C.

Reasons

1. Facts of recognition;

A. C borrowed KRW 15,00,000 from the Busan Bank (hereinafter “Stock Company”) on June 4, 1997, and entered into a microcredit guarantee insurance contract with the Plaintiff in order to repay the principal and interest of loan, and C received an insurance policy from the Plaintiff and delivered it to Busan Bank.

Insurance policyholder: Amount of insurance coverage of the Busan Bank: 16,500,000 won: the insurance period: D

B. C above the Busan Bank

The plaintiff paid 16,50,000 won to Busan Bank on August 1, 1998, and thereafter returned KRW 5,435,200 on October 18, 200.

C. The plaintiff is against C and D as joint and several sureties.

On June 26, 2013, the court of first instance rendered a judgment in favor of the plaintiff that "the defendants (C and D) jointly and severally pay to the plaintiff 18,787,250 won and 11,064,80 won per annum from October 19, 200 to the date of full payment" that "the defendant shall pay to the plaintiff 18,787,250 won with 21% interest per annum from October 19, 200 to the date of full payment."

(Seoul Central District Court 2013 Ghana56238). D.

The Defendants completed the provisional registration of each claim for transfer of ownership (hereinafter each provisional registration of this case) in accordance with the receipt No. 51360 of November 12, 2004, on the ground of the reservation for sale and purchase as of November 11, 2004, with respect to each of the 1/36 shares of the real estate listed in the separate sheet (hereinafter referred to as the “real estate”).

E. C is currently insolvent, except that one owns his share of co-ownership among the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including additional numbers), fact inquiry results against the authority of this court, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion and judgment 1.