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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. Basic facts
A. The Plaintiff is the creditor holding the claim for reimbursement against C as follows, and the Defendant A is the son of C, and the Defendant B is the mother of the Defendant A.
B. On January 12, 1994, the Plaintiff entered into a payment guarantee contract with D as to the principal and interest repayment obligation of D, the insured, the Pacific Life Insurance Co., Ltd. with the insurance coverage amount of KRW 11,00,000,000. On the same day, C guaranteed D’s joint and several liability for reimbursement against D under the above payment guarantee contract.
C. On September 23, 1996, the Plaintiff paid KRW 11,00,00,00 to the insured pursuant to the above payment guarantee contract, and thereafter won by filing a lawsuit against C, etc. for reimbursement of reimbursement amount under the jurisdiction of Gangseo-gu District Court 2001 Ghana2026. The decision became final and conclusive on May 13, 201, that “The Defendant (referring to C, D, etc.) jointly and severally filed a lawsuit against C, etc. for an extension of prescription with the amount of reimbursement of KRW 25% per annum from April 28, 2011 to the date of complete payment” (hereinafter “instant performance guarantee claim”). The decision became final and conclusive.
Meanwhile, Defendant A’s lux and Defendant B’s mother, owned the instant real estate from December 17, 1984. However, Defendant B, following the death of Party B, completed the registration of transfer of ownership due to inheritance by consultation and division, under the Chuncheon District Court’s Gangwon Branch Branch support registration as well as No. 35233, Oct. 14, 2005.
Since then, Defendant B completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) with respect to the instant real estate by means of the sale on October 14, 2005, the receipt of No. 35234, October 14, 2005, and the registration of ownership transfer with respect to the instant real estate from the Defendant A.
[Ground for recognition] Unsatisfy, Gap evidence 1.