beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 14, 2015, the Plaintiff filed a lawsuit against C seeking the payment of the acquisition amount under this court’s 2014 tea67648, and received a payment order from C, “C shall pay the Plaintiff KRW 1,148,391 and its delay damages and its demand procedure expenses,” and the payment order was finalized on January 29, 2015.
In addition, the Plaintiff filed a lawsuit against C seeking the payment of the acquisition amount under this Court No. 2015 tea4755, and on February 21, 2016, the payment order was issued on February 21, 2016, “C shall pay the Plaintiff KRW 1,102,267 and its delay damages and its delay damages, and its payment order was finalized on March 8, 2016.
B. C on August 30, 2007, with the Defendant and the instant share amounting to KRW 22,50,000,000 (hereinafter “instant trade reservation”), and the same year.
8. 31. The provisional registration of this case was completed in the future of the defendant on the ground of the above trade reservation.
C. C is the insolvent of excess of debt.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence (including branch numbers in case of additional number), Eul evidence 1, the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion is as follows, and the Plaintiff claims the cancellation of the provisional registration of this case on behalf of the Defendant in subrogation of C, setting the claim against C as the preserved right.
① After the Defendant’s completion of the instant provisional registration with respect to the instant shares, the right to complete the purchase and sale reservation ceased to exist over the exclusion period, by failing to exercise the right to complete the purchase and sale reservation by August 30, 2017, which was ten years from the date of the completion of the purchase and sale reservation. Even if the purchase and sale contract was concluded on August 30, 2009, which was the date of the completion of the purchase and sale reservation as set forth in the instant provisional registration, the Defendant’s right to claim for ownership transfer registration ceased to exist upon the expiration of the extinctive prescription. As such, the provisional registration
(hereinafter referred to as “(1)”. (2) The instant case, even if any.