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(영문) 창원지방법원진주지원 2020.01.09 2019가단34622
가등기말소
Text

1. The defendant received on April 27, 2009 from the Changwon District Court for the real estate stated in the attached list to Nonparty C.

Reasons

1. Facts of recognition;

A. The plaintiff filed a lawsuit against the non-party C with Busan District Court 2005Da330020, and on August 12, 2005, the above court rendered a decision on performance recommendation (hereinafter "decision on performance recommendation of this case") jointly and severally with D to the plaintiff 6,730,856 won and the amount equivalent to 5% per annum from April 23, 1996 to November 8, 2005, and 20% per annum from the next day to the date of full payment.

The decision on performance recommendation was made on November 23, 2005.

B. C owned the real estate listed in the separate sheet (hereinafter “instant real estate”), and entered into a trade reservation with the Defendant, a female son, on April 22, 2009, on the instant real estate (hereinafter “instant trade reservation”). On April 27, 2009, on the receipt of Jinwon District Court Jinwon Branch Branch, on April 27, 2009, the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”) was completed to the Defendant regarding the instant real estate.

C. C did not repay the Plaintiff’s debt based on the instant performance recommendation decision up to now, and there was no particular property other than the instant real estate.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition as to preserved claims, C is obligated to pay to the Plaintiff KRW 6,730,856 and delay damages therefrom in accordance with the decision on performance recommendation of this case. Thus, the Plaintiff’s preserved claims are recognized.

B. As to the necessity of preservation, in cases where the obligee’s right to the obligor, which is to be preserved by subrogation, is a monetary claim against the obligee’s obligee in subrogation of the obligor, the obligee is entitled to exercise the obligee’s right to the third obligor on behalf of the obligor only when the obligor is insolvent, and the obligor’s insolvency as a requirement for subrogation of the obligee does not have the obligor’s ability to pay.

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