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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by each party.
Purport of claim and appeal
1. Purport of the claim.
Reasons
1. Facts of recognition;
A. On June 29, 199, Dong Mutual Savings and Finance Company entered into a credit transaction agreement between D and ① 241,00,000,000, annually agreed interest rate of 15%, ② a credit transaction agreement between 26,00,000, and an agreed interest rate of 15%, respectively, and made a loan to D each of the above amounts.
C is jointly and severally guaranteed as a guarantee limit of 241,00,000 the loan obligations under the credit transaction agreement mentioned in paragraph (1) above, and (2) the loan obligations under the credit transaction agreement mentioned in the above paragraph were jointly and severally guaranteed.
B. On November 11, 2000, the Gyeonggi Savings Bank Co., Ltd. (former trade name: Gyeonggi Savings Bank Co., Ltd.; hereinafter “Game Savings Bank”) succeeded to all rights and obligations of the Dong Asia Mutual Savings Bank.
C. D’s amount of loan obligations as of September 19, 2014 is KRW 180,307,40 for the loans listed in the foregoing paragraph and KRW 361,082 for the loans listed in the foregoing paragraph and KRW 541,389,872 for the sum of KRW 361,082 for the loans listed in the foregoing paragraph.
The Gyeonggi Savings Bank was declared bankrupt on July 1, 2013, and the plaintiff was appointed as a trustee in bankruptcy of the Gyeonggi Savings Bank on the same day.
E. C completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) on each real estate listed in the separate sheet (hereinafter “each real estate of this case”) on December 10, 1988, based on the pre-sale agreement as of December 10, 1988.
(f) C is currently insolvent.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5 (including additional number), the head of Yeongdeungpo-gu in the first instance court and the head of Yeongdeungpo-gu in the first instance court's response to the order of submission of taxation information on the Yeongdeungpo-gu Tax Office, the purport
2. Determination as to the cause of action
A. The plaintiff's assertion that the plaintiff sought the cancellation of provisional registration of this case completed on each real estate of this case by subrogation against the defendant, who is insolvent, and the claim that the secured claim of provisional registration is false declaration of conspiracy as the cause of the claim and that the period of prescription expires with the intention of prescription.