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(영문) 대구지방법원안동지원 2017.06.14 2016가단21711
소유권이전등기
Text

1. The Plaintiff’s lawsuits against Defendant F, G, H, I, J, K, L, M, N, andO are all dismissed.

2. The plaintiff's defendant B, C, D, and E.

Reasons

1. The plaintiff's assertion

A. On October 10, 2001, the reason for the claim against the primary Defendants, the deceased P on October 25, 2003 (hereinafter “the deceased”) borrowed KRW 15.8 million from Defendant B on October 10, 201 with the due date set on October 10, 2002, and the Plaintiff jointly and severally guaranteed the obligation to return the loan and interest.

As the Deceased was unable to repay the principal and interest of the above loan, around 2003, he paid each real estate listed in the separate sheet (hereinafter “each real estate of this case”) to Defendant B in lieu of the principal and interest of the loan, and the Plaintiff paid KRW 20 million to Defendant B on April 20, 2007, and purchased each real estate of this case.

The Deceased gave birth to R, Defendant F, G, H, and I between Q, but Q was the wife on the family register, Q was the birth report as if Q and S were born.

On the other hand, R deceased on February 18, 2006 and succeeded to the shares of inheritance by Defendant J and his children, Defendant L, K, M, N, andO.

Therefore, as stated in the purport of the claim, Defendant B is obligated to implement the registration procedure for transfer of ownership based on sale on April 20, 207 with respect to each of the instant real estate. Defendant B’s claim for transfer of ownership is a preserved right, and Defendant B’s subrogation against Defendant F, G, H, I, J, L, K, M, N, andO with respect to each of the instant real estate’s respective inheritance shares on October 24, 2003.

B. In the event that Defendant C (the wife of the deceased T&T), D, U (the deceased’s children) appears to be the inheritor in the public record of the cause of the claim against the conjunctive Defendants is the deceased’s heir, and that the deceased’s payment was not made in kind to the Defendant B, the Plaintiff subrogated to the Plaintiff for the borrowed money from the deceased. As such, the Defendant C pays the Plaintiff the borrowed money to the Defendant B by subrogation, the Defendant C shall pay to the Plaintiff KRW 8,571,428 (=20 million x 3/7), Defendant D, and U respectively 5,714,285 (=20 million x 2/7) and the interest or delay damages from the following day.

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