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(영문) 대전지방법원 2016.11.15 2016가단205820
가등기말소
Text

1. The Defendants are entitled to the Plaintiff’s share on September 1, 1990 of the attached real estate indicated in the attached Form No. 1/5 of the Daejeon District Court.

Reasons

1. Basic facts

A. On September 27, 1990, the deceased F completed on September 27, 1990 the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) based on the purchase and sale reservation made on September 26, 1990 by the Daejeon District Court No. 20497 (hereinafter “instant purchase and sale reservation”) with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. The deceased on November 1, 1992, and the deceased on November 1, 1992, his heir had H, children I, J, and K, the wife, and the deceased on August 21, 1996, the deceased on August 21, 1996, and his heir has the Defendants (the heir: 1/5) who are their children.

C. Meanwhile, on July 21, 2008, the Plaintiff filed a lawsuit against I with the Daejeon District Court Branch of 2008da5505, and decided on July 21, 2008 that "I shall jointly and severally pay to the Plaintiff 106,53,919 won and 105,219,039 won with L, etc., 18% per annum from April 4, 2005 to May 31, 2005, 15% per annum from the next day to May 27, 2008, and 20% per annum from the next day to the date of full payment." The above decision became final and conclusive as is August 8, 2008.

I is currently insolvent.

[Reasons for Recognition] Defendant C: The absence of dispute, the entries in Gap evidence 1 through 6, the purport of the whole pleadings, and the remainder of the defendants' assertion: deemed confession

2. Determination as to the cause of action

A. The right to conclude a pre-sale is a right to form a contract and to exercise the exercise period within that period, if there is no such an agreement, within 10 years from the time when the pre-sale was established, and when that period has passed, the right to conclude the pre-sale is extinguished due to the lapse of the exclusion period (see, e.g., Supreme Court Decision 2000Da26425, Jan. 10, 200). In exercising the right of subrogation, the creditor exercises the right of subrogation because the creditor requests the third debtor to provide the benefit directly to him and the effect belongs to the debtor, and thus the creditor exercises the right of subrogation.

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