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1. The defendant is based on the restoration of real estate stated in the attached list to Nonparty B.
Reasons
1. Basic facts
A. B, based on the acceptance of the payment order with executive force of Seoul Central District Court Decision 2009Da121484, the bankruptcy debtor was obligated to pay 4,496,358,632 won to the bankruptcy trustee of the Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) and 854,120,392 won, 21% per annum from February 18, 1993 to March 29, 1993; 17% per annum from the next day to December 5, 1997; 25% per annum from the next day to the delivery date of the payment order; and 20% per annum from the next day to the date of full payment; however, the Plaintiff succeeded to the rights of the Korea Deposit Insurance Corporation.
B. Meanwhile, on October 30, 1992, B entered the ownership transfer registration (hereinafter “instant ownership transfer registration”) with respect to the real estate listed in the separate sheet owned by it (hereinafter “instant real estate”) on October 30, 1992.
C. On May 2, 2016, the Defendant entered into a trade promise with respect to the instant real estate as KRW 550,000,000 with respect to the purchase price, KRW 50,000,000 with respect to the purchase price, KRW 50,000 with respect to the purchase price, and on December 31, 2026 with respect to the completion date, and completed the registration of the right to claim ownership transfer on May 2, 2016.
[Ground of recognition] Facts without dispute, Gap 1-3, 14 evidence (including branch numbers, hereinafter the same shall apply), Eul evidence 3, the purport of the whole pleadings
2. The Plaintiff’s assertion that the instant real estate was trusted to the Defendant, and thus, the Defendant has the right to claim ownership transfer registration based on the ownership restoration based on the right to claim ownership transfer registration. The Plaintiff may exercise the right to claim ownership transfer registration by subrogation as the obligee B, and the Defendant is obliged to implement the procedure for ownership transfer registration based on the right to claim ownership transfer registration with respect to
3. Determination
A. The above evidence and evidence Nos. 6, 7, 12, and 13 are examined.