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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. In lending KRW 70 million to D on February 10, 1996 by the ordinary mutual savings and finance company (hereinafter “non-party mutual savings and finance company”) which created the preservation claim, C (hereinafter “non-party mutual savings and finance company”) jointly and severally guaranteed the loan obligation.
When the principal obligor D loses the benefit of time, the non-party credit cooperative transferred the above claim to the limited liability company specialized in the Hanman-si securitization around August 5, 199.
On August 1, 2002, a limited liability company specialized in the Han-man Real Estate Securitization filed a lawsuit against the Nonparty and D by Suwon District Court No. 2001Da82664, which was sentenced to a favorable judgment from the said court.
The original copy of the judgment was served on the non-party by public notice, and became final and conclusive around that time.
On October 31, 2003, the Plaintiff (former Liquidation Corporation) acquired the claim for the above judgment against the Nonparty from the limited company specializing in the next securitization.
After that, on April 17, 2009, the plaintiff applied for the grant of the succeeding execution clause for the enforcement of the non-party to the non-party, and a certified copy of the succeeding execution clause is the same year.
5. 27. The service was made on the non-party's spouse.
B. The Nonparty, who made the registration in the name of the Defendants, owned the attached list real estate (hereinafter “instant apartment”).
On October 16, 1994, the Nonparty completed the provisional registration of the right to claim ownership transfer on November 17, 1994 with respect to the above apartment with Defendant A.
Defendant A completed the principal registration based on the above provisional registration on July 24, 2008 after the lapse of 10 years from the date of the pre-sale agreement.
In addition, on October 5, 2011, Defendant A entered into a sales contract for the above apartment with Defendant B, and the registration of ownership transfer was completed on October 10 of the same month with Defendant B.
C. On the other hand, on January 28, 2010, the Nonparty, upon the Nonparty’s bankruptcy exemption, filed a bankruptcy and application for immunity with this court No. 2010 lower lower court (2010.536) on January 28, 201, and the Nonparty became final and conclusive on April 15, 2011.