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(영문) 서울서부지방법원 2017.01.20 2015가단247205
전세권설정등기말소 등
Text

1. With respect to real estate listed in the separate sheet, to Nonparty C:

A. Defendant A shall register with the Seoul Western District Court and April 1992.

Reasons

1. The facts below the facts of recognition are recognized by comprehensively taking into account the overall purport of the arguments in each entry in Gap 1 to 6 (including branch numbers).

A. On July 23, 2010, the Plaintiff filed a lawsuit against Nonparty C with the Seoul Central District Court No. 2010da457303, and received a judgment from the above court that “Non-Party C shall pay to the Plaintiff 11,126,575 won and 11,000,000 won with interest rate of 19% per annum from April 17, 200 to the date of full payment.” The above judgment became final and conclusive on August 24, 2010.

B. C is the defendant B and the defendant B.

C. C was the owner of the instant real estate indicated in the separate sheet (hereinafter “instant real estate”). As to the instant real estate on February 24, 1992, the registration of preservation of ownership was completed on February 24, 192; ① as to the instant real estate, the registration of the instant court under Defendant A’s name and the registration of the creation of chonsegwon (the deposit amount is KRW 38 million and the duration of the lease on a deposit basis is until March 28, 1993; hereinafter “registration of the lease on a deposit basis”) completed on April 16, 1992; ② as to the registration of the instant court under the name of Defendant B and the registration of the establishment of a neighboring mortgage completed on May 6, 1992 (the maximum amount of the claim is KRW 135 million,5 million, and the debtor is Nonparty D, but as to the first mortgagee of Defendant B acquired the status of the mortgagee on October 205, 205, respectively.

C On April 29, 2016, during the litigation of the instant case, on April 29, 2016, Defendant B completed the registration of transfer of ownership on the instant real estate due to the registration of the Seoul Western District Court and the sales contract (hereinafter “instant sales contract”) on April 29, 2016, as Seoul Western District Court No. 21915.

E. C is insolvent at the time of the instant sales contract and up to now.

2. Determination:

A. According to the facts of the above recognition against Defendant A, chonsegwon, which is the cause of the registration of the establishment of chonsegwon of this case, has expired, and Defendant A C.

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