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(영문) 서울동부지방법원 2019.04.26 2017가단144698
가등기말소
Text

1. The defendant shall accept to C an all-round indictment of the Jeonju District Court on April 16, 2002 with respect to each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. From October 20, 201 to September 17, 2015, the Plaintiff implemented a loan of KRW 1,157,500,000 on seven occasions to D Co., Ltd., and C jointly and severally guaranteed this.

C due to the above joint and several guarantee, the Plaintiff bears the joint and several guarantee obligation of KRW 532,343,782 ( principal 467,09,170, interest and delay damages) as of June 29, 2018.

B. C completed the registration of transfer of ownership on September 28, 1990 with respect to each real estate listed in the separate sheet owned and resided by his father E (hereinafter “instant real estate”), and completed the registration of transfer of ownership on April 16, 202 by reason of sale on March 9, 202.

C. C, as of the date of completion of the registration of transfer of ownership with respect to the instant real estate, the Defendant, who is a type C, completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) by the Jeonju District Court No. 21536, Apr. 16, 2002, on the ground of sale reservation as of March 9, 2002.

Upon filing the instant lawsuit seeking the cancellation of the provisional registration of this case, the Defendant completed the principal registration of transfer of ownership (hereinafter “principal registration of this case”) with the Jeonju District Court No. 39270, April 4, 2018, which was received on April 4, 2018, on the grounds of sale as of May 25, 2007.

E. Meanwhile, while C does not have any particular positive property except the instant real estate, the provisional registration of which was completed to the Defendant, it is in excess of its obligation, such as that it bears a debt equivalent to the sum of KRW 532,343,782 as of June 29, 2018 against the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 12, Eul evidence 2, Eul evidence 4, Eul evidence 6-1 and Eul evidence 6-2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted the parties, 10 years after the Defendant completed the provisional registration of this case with respect to the instant real estate owned by C, shall exercise the right to complete the purchase and sale reservation.

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