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(영문) 광주지방법원 2017.07.20 2016나7728
소유권이전청구권 가등기말소 등
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. On January 19, 199, C completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on January 12, 1999 with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) to Defendant A on January 19, 199.

B. On May 6, 199, Dong Bank Mutual Savings and Finance Company (hereinafter “Dong Bank Mutual Savings and Finance Company”) loaned KRW 10,000,000 to D, and E,F, and C guaranteed D’s debt.

C. After the Dong bank mutual savings and finance company goes bankrupt, the bankruptcy trustee of the Dong bank mutual savings and finance company transferred credit to the Plaintiff on May 11, 2004 and notified the transfer of credit to D on June 2, 2004.

C On February 5, 2013, a sales contract was prepared to sell each of the instant real estate to Defendant A in KRW 47,680,000, and on February 7, 2013, the principal registration based on the instant provisional registration was completed to Defendant A (hereinafter “instant first ownership transfer registration”).

E. On December 14, 2012, the Plaintiff filed an application for payment order against E, F, and C with the Gwangju District Court 2012 tea2760. On March 18, 2013, the Plaintiff received a payment order with the purport that “E, F, and C shall jointly and severally pay the amount of KRW 11,271,318 on May 6, 199 and the principal amount of KRW 10,000,000 per annum from November 16, 201 to the date of full payment,” and the said payment order was finalized as is.

F. On January 10, 2014, Defendant A completed the registration of ownership transfer on the ground of sale on January 6, 2014 (hereinafter “instant second ownership transfer”) with respect to each of the instant real estate to Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, Eul evidence 1 and 2 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to Defendant A’s defense prior to the merits

A. Claims for the refund of loans to D by the Dong Mutual Savings and Finance Company that the Plaintiff acquired prior to the merits.

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