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(영문) 창원지방법원 2018.05.31 2017나54682
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

Basic Facts

This Court's reasoning is the same as the part of "1. A. Basic Facts" in the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, this Court cites it as it is in accordance with the main text of Article 420 of the Civil Procedure Act.

In the second part of the judgment of the court of first instance, the provisional registration of the right to claim the transfer of ownership in the second part of the judgment of the court of first instance is deemed to be "provisional registration of the right to claim the transfer of ownership (hereinafter "provisional registration

The second sentence of the judgment of the court of first instance is from the last sentence to the last one as follows.

“B) On September 207, 2007, the State industry completed the additional registration prior to the claim for ownership transfer (hereinafter “instant additional registration”) on September 7, 2007 due to the transfer of the right to claim ownership transfer from the deceased C from September 4, 2007, and completed the principal registration on September 20, 2007.

"Provisional registration of the right to claim ownership transfer" and "provisional registration of the right to claim ownership transfer" in the 13th and 19th of the first instance judgment are as follows: (a) the following is added to the registration of this case following the 9th of the first instance judgment. (b) The ground why the Plaintiff acquired the apartment of this case around April 2002 by the Defendant around April 2002. (c) The Plaintiff is an apartment of the 107th and below the 107th of the 107th of the 19th of the 19th of the 19th judgment.

(B) Upon receipt of the request of the buyer to lend the name of the buyer and the name of the loan, the apartment supply contract with the defendant and 107 won on April 15, 2002 was made, and on May 2, 2002, the defendant and the defendant paid 50,000,000 won to the defendant by borrowing 75,68,000 won from the National Bank of Korea Co., Ltd., and on May 2, 2002. (B) The Korea Housing Finance Corporation, a credit guarantee broker, paid the above loan by subrogation to the National Bank of Korea Co., Ltd., a Korean Housing Finance Corporation, and the plaintiff, the debtor, repaid the loan amount of 58,539,627 won as the indemnity amount to the Korea Housing Finance Corporation on July 4, 2007.

C. On the other hand, the defendant's apartment on March 7, 2006 to M and N on March 7, 2006.

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