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(영문) 대전지방법원홍성지원 2015.09.01 2014가단10847
소유권말소등기
Text

1. As to real estate listed in the separate sheet:

A. A donation contract concluded on January 15, 2013 between the Defendant and B.

Reasons

1. Facts of recognition;

A. The Plaintiff’s joint and several sureties Claim 1) The Plaintiff on October 8, 2012, is C Co., Ltd. (hereinafter “C”).

B) As of August 6, 2014, B’s joint and several liability amounting to KRW 9,164,400 for the Plaintiff as of August 6, 2014 (i.e., principal amount of KRW 7,615,199), and (ii) the principal amount of KRW 1,549,201 for interest on KRW 7,615,199).

B. B and the Defendant filed a marriage report on January 6, 1989, and two children (D(1989) and E(1992) under which they continue to live a matrimonial life, and reported a divorce on April 1, 2014.

C. On January 15, 2013, B entered into a contract with the Defendant to donate real estate listed in the separate sheet (hereinafter “instant apartment”) to the Defendant (hereinafter “instant donation contract”) and completed the registration procedure for ownership transfer in the Defendant’s future by Hongsung Branch of the Daejeon District Court for the instant apartment on January 16, 2013.

B’s property status B did not have any other property than the apartment of this case at the time of the donation contract of this case, but on the other hand, multiple loan liabilities and joint and several liability obligations.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 7, the purport of the whole pleadings

2. Determination as to the cause of claim

A. 1) The Plaintiff’s joint and several liability claim against B was incurred before the gift contract of this case was concluded, and the Defendant asserts that F, an employee of the Plaintiff, exempted the Plaintiff from the joint and several liability claim of B.

According to the purport of the evidence Nos. 16 and 17 and the whole pleadings, the plaintiff is entitled to do so.

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