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(영문) 전주지방법원군산지원 2016.05.10 2015가단56128
소유권이전청구권가등기말소
Text

1. The defendant shall register the real estate in the attached list No. 1 to Nonparty B with the Jeonju District Court's Gunsan Branch.

Reasons

1. The following facts can be acknowledged by adding the whole purport of the pleadings to the entries in Gap evidence 1-1, 2, and 3-1, 1-2, and 3, and the fact inquiry results with respect to the military market in this Court. A

The plaintiff has the claim against B as to the amount of 16,697,458 won and damages for delay in the amount of 5,291,098 won.

B. B is the owner of each real estate listed in the separate sheet.

C. B completed the registration of the Gunsan Branch Branch of the Jeonju District Court on April 11, 200 and the registration of the right to claim transfer of ownership on April 11, 200, which was based on the trade reservation, on April 11, 200.

B With respect to the real estate stated in the attached list No. 2, the head of the Daejeon District Court, the Port Registry of the Daejeon District Court, No. 961, July 9, 2002, the registration of the right to claim transfer of ownership was completed on July 1, 2002.

E. There is no property tax and aggregate land tax imposed on the Plaintiff from 2015.

2. On the premise that the Defendant’s right of revocation was exercised by the Plaintiff, the Defendant asserts to the effect that the instant lawsuit is unlawful on the grounds that the period of exclusion for the Plaintiff to exercise the right of revocation is too limited, on April 11, 200 and July 9, 2002, on the premise that the Plaintiff exercised the right of revocation.

However, as shown below, the plaintiff is not the creditor's right of revocation, but the plaintiff exercises the creditor's subrogation right under Article 404 of the Civil Code, and the exercise of the creditor's subrogation right does not comply with the limitation of the limitation of the limitation period. Thus, the safety objection of the defendant in this part cannot be accepted

3. Judgment on the plaintiff's claim

A. In light of the facts acknowledged earlier, B appears to have no active property for the repayment of the above monetary obligation to B who bears the monetary obligation against the Plaintiff. Therefore, B is deemed to be in an insolvent state.

B. Meanwhile, the reservation is made on the one-way basis of the trade.

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