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1.(a)
The defendant A on November 24, 1999, with respect to the real estate stated in the attached Form to the non-party B, the Jung-gu District Court of the Republic of Korea.
Reasons
1. Facts of recognition;
A. On November 24, 1999, Nonparty B completed the provisional registration of the right to claim ownership transfer under No. 13857 of receipt on November 24, 1999 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) against Defendant A on the ground of the pre-sale agreement on June 25, 199.
(hereinafter “the provisional registration of this case”) b.
On the other hand, on April 23, 2009, Defendant Republic of Korea completed the supplementary registration of the seizure of the right to claim the transfer of ownership as the receipt of No. 5621 on April 23, 2009, on the ground of the attachment on April 20, 2009.
C. On March 30, 2006, the Plaintiff filed a lawsuit against B on the claim for the takeover amount of KRW 15,561,730 and KRW 8,585,171 per annum from April 1, 2005 to the date of full payment, and the above judgment became final and conclusive around that time.
B died on August 25, 2006, and Nonparty C, D, and E, their children, jointly inherited the property of Nonparty C, D, and E, and C and D renounced their inheritance.
E. On July 19, 2016, the Plaintiff filed a lawsuit against E seeking the amount of money transferred to the Plaintiff as KRW 31,248,131, and KRW 8,585,171, the lower court rendered a judgment that “the Defendant shall pay to the Plaintiff the amount calculated at the rate of 17% per annum from December 28, 2015 to the date of full payment,” and the said judgment became final and conclusive around that time.
[Reasons for Recognition] Defendant A: The defendant's Republic of Korea, as provided by Article 150 (1) and (3) of the Civil Procedure Act, each of the items in subparagraphs 1 through 7, Eul's subparagraphs 1 and 2, and the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant A’s right to complete the purchase and sale reservation, which is the cause of the provisional registration of this case, has expired ten years since June 25, 1999, and the right to complete the purchase and sale reservation, which is the cause of the provisional registration of this case, has expired to the exclusion period.