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(영문) 광주지방법원 목포지원 2017.04.26 2016가단2244

소유권말소등기

Text

1. A sales contract concluded on November 27, 2014 between the Defendant and B on November 27, 2014 with respect to the size of 1,157 square meters prior to the Jeonan-gun, Chungcheongnam-gun.

Reasons

1. Facts of recognition;

A. On October 15, 2004 and October 21, 2005, the Plaintiff entered into a credit guarantee contract under which D guarantees the principal and interest of loans that D received from financial institutions (hereinafter referred to as "the instant guarantee contract") and issued a credit guarantee contract to D respectively. The Defendant's mother B guaranteed the obligation owed by D to the Plaintiff according to the instant guarantee contract.

B. D obtained a loan of each of the above credit guarantees from an agricultural cooperative on October 15, 2004 as security until October 15, 2024; 103,300,000 won on October 19, 2005; and 300,000 won on October 19, 2015, respectively; on October 21, 2005, it was designated as the term of October 21, 2005 by and from the branch of the relevant livestock cooperative; on October 21, 2005, the loans of KRW 6,70,000 from the branch of the relevant agricultural cooperative on October 21, 2015, but did not pay interest on each of the above loans from around October 2014.

C. On November 20, 2015, the agricultural cooperatives and the branches of the Korea Livestock Industry Cooperatives Day filed a claim with the Plaintiff for the performance of the guaranteed obligation under the instant guarantee agreement on the ground that the Plaintiff has lost the benefit of time for each of the above obligations. Under the instant guarantee agreement, the Plaintiff subrogated the Plaintiff to pay KRW 16,119,210 to the agricultural cooperatives on December 31, 2015, respectively, on November 20, 2015, at the branches of the Korea Livestock Industry Cooperatives under the instant guarantee agreement.

(hereinafter referred to as "the claim for indemnity of this case" is referred to as "the total amount of claims repaid by the plaintiff on behalf of the plaintiff.

On the other hand, B entered into a contract with the Defendant on November 27, 2014, under which the land listed in Paragraph (1) of the Disposition No. 1 (hereinafter referred to as "land of this case") was sold to the Defendant in KRW 21,000,000 (hereinafter referred to as "the sales contract of this case"), and completed the registration of ownership transfer for the land of this case to the Defendant on the same day.

E. At the time of the conclusion of the instant sales contract, ① An agricultural cooperative as the date of the establishment of a mortgage contract with respect to the instant land.