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(영문) 춘천지방법원 2015.04.07 2014가단9178
소유권이전등기
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with C as of July 28, 1995 from July 28, 1995 to September 25, 200, for the guarantee of the payment of debt to the interesting country life insurance company C (hereinafter “interesting country life insurance”).

B. C did not perform the above obligation on July 1, 1998, and on November 2, 1999, interesting country life insurance claimed insurance money under the instant guarantee insurance contract to the Plaintiff. Accordingly, on June 24, 1999, the Plaintiff paid KRW 13,177,883 insurance money to interesting country life insurance.

C. On March 9, 2004, the Plaintiff filed a suit for the claim for reimbursement against C with the Chuncheon District Court Decision 2003Da34462, and received a judgment from the above court on March 9, 2004 that “C shall pay the Plaintiff KRW 15,290,269 and any damages for delay in the amount of KRW 14,871,029.” The above judgment became final and conclusive on April 13, 2004, and filed a suit for the claim for reimbursement of the amount of reimbursement by the above court as the 2013Gada11567, and was sentenced to the same purport from the above court on September 12, 2013 for the interruption of extinctive prescription. The above judgment became final and conclusive on October 2, 2013.

On the other hand, on the other hand, as to each real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate” in sequential order, C, on January 6, 1998, entered the provisional registration of transfer of ownership claim (hereinafter referred to as “each of the instant provisional registration”) based on the trade reservation (hereinafter “sale reservation”) on December 29, 1997 in the name of D on December 6, 1998, and D, on December 5, 2012, entered into a supplementary registration of transfer of ownership transfer claim based on the same day under Defendant B’s name.

As to the real estate No. 1 of this case, Defendant B entered in the supplementary registration of the transfer of ownership transfer claim on May 24, 2013 under Defendant A’s name on June 7, 2013.

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