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(영문) 대구지방법원 2014.09.12 2014가단13089
가등기말소
Text

1. The defendant shall receive on October 14, 199 from the plaintiff the Daegu District Court Cheongdo Office with respect to the size of 575 square meters prior to Cheongdo-gun, Cheongbuk-do.

Reasons

1. Basic facts

A. The Plaintiff issued C a written credit guarantee of KRW 31,30,000 on August 28, 2001, and KRW 28,640,000 on December 14, 2001, and C obtained a loan of KRW 31,30,000 and KRW 28,640,00 on the date of issuance of the said written credit guarantee.

B. C’s failure to repay each of the above loans, the Plaintiff subrogated for the total amount of KRW 65,937,572 on November 19, 2004 upon the request for performance of guaranteed obligations by the Seocho-gu Agricultural Cooperative.

C. On October 14, 1999, C completed the provisional registration of the right to claim ownership transfer on October 11, 1999, with the receipt number of 13375 square meters (hereinafter referred to as the “instant real estate”) from the Daegu District Court Cheongdo Office, Cheongdo Office, and the registration number of the receipt of the instant real estate on October 11, 1999 (hereinafter referred to as the “provisional registration of this case”).

C On June 20, 2014, on which the instant lawsuit is pending, on June 20, 2014, the registration of ownership transfer was completed on June 19, 2014 based on the provisional registration of this case as the receipt number 11935 of the said registry office with respect to the instant real estate.

E. Meanwhile, on August 5, 2004, the Plaintiff: (a) received a provisional attachment order issued by the Daegu District Court 2004Kadan32100 for the purpose of preserving the claim amount against C with a claim amounting to KRW 109,643,741; (b) on August 5, 2004, the provisional attachment entry registration was completed on August 5, 2004; and (c) around the time of the instant lawsuit, C was insolvent.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 6 each, 2, Gap evidence 7 to 9, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. (1) The Plaintiff’s claim for provisional registration of this case was made pursuant to a pre-sale agreement between C and the Defendant on October 11, 1999, and the right to complete the pre-sale agreement expired by ten years of the exclusion period. However, C completed the registration of transfer of ownership based on the provisional registration of this case on June 20, 2014 to the Defendant on June 19, 2014.

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