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(영문) 광주지방법원목포지원 2015.03.31 2013가단11940
소유권이전청구권가등기말소등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 3, 2007, with respect to the claim for acquisition amount against B, the Plaintiff (formerly changed refers to the “Corporation Reorganization Financial Corporation”) rendered against B, the judgment of May 3, 2007 rendered that “B shall pay 18% interest per annum for KRW 412,070,70,706 and KRW 28,38,298 as to KRW 18% interest per annum from February 16, 2007 to the day of full payment, ② distribution in Jeonnam, D, Jeonnam Development, F, and G jointly and severally with Company, KRW 114,818,679 as well as KRW 114,818,679 as from January 7, 200 to March 10, 204; and the judgment rendered that “B shall pay 205% interest per annum from the following day to the day of full payment.”

B. On September 23, 1986, the Defendant completed the provisional registration of the right to claim ownership transfer (including each provisional registration of this case) based on the pre-sale promise made on September 19, 1986 (hereinafter “the pre-sale promise”) with respect to each of the instant real estate owned by C on September 23, 1986 and 1,319 square meters (hereinafter “each of the instant real estate”).

C. The Defendant’s February 24, 2014

On December 31, 1986, based on the registration of the provisional right to claim ownership transfer, the principal registration of ownership transfer (including each principal registration of this case) was completed on December 31, 1986 with respect to each real estate of this case.

On the other hand, on May 23, 2005, the Plaintiff received and executed a provisional attachment order as to each of the real estate of this case by having the claim KRW 151,523,336 against B as the preserved right by the Gwangju District Court 2005Kadan8714, the provisional attachment registration of this case (hereinafter “each of the provisional attachment registration of this case”) on May 23, 2005. When each of the principal registrations of this case was completed, the provisional attachment registration of this case was revoked.

E. B currently has no particular property.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5 and Eul evidence 1 to 3 (including paper numbers), and this Court.

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