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(영문) 수원지방법원성남지원 2016.05.20 2015가단215426
소유권이전등기
Text

1. The defendant, on November 10, 2005, shall be the Suwon District Court's Sung-nam Branch Office with respect to the area of 486 square meters prior to Gwangju City.

Reasons

1. Basic facts

A. On August 5, 2008, the Plaintiff entered into a credit guarantee agreement with B on August 10, 2012 with the Guarantee Commercial Bank, the Industrial Bank of Korea, the guaranteed amount of KRW 152 million, with the maturity of KRW 152 million.

B caused a credit guarantee accident with a natural body on May 31, 2012, and the Plaintiff subrogated for KRW 145,812,309 to the Industrial Bank of Korea on July 16, 2012.

B. The Plaintiff filed a lawsuit against B with the Seoul Central District Court No. 2012Kadan509870, and on May 29, 2013, the said court rendered a judgment that “B shall pay to the Plaintiff 146,824,416 won and 145,812,309 won among them, 15,812,309 won per annum from July 16, 2012 to November 15, 2012; and 20% per annum from the next day to the day of full payment.” The said judgment (hereinafter “related judgment”) became final and conclusive around that time.

C. B completed a provisional registration on November 10, 2005 (hereinafter “the provisional registration of this case”) based on a pre-sale agreement made on November 10, 2005 by the Suwon District Court, Sung-nam Branch Office, Sung-nam Branch Office, Sung-nam Branch Office, 68936, with respect to the area of 486 square meters (hereinafter “the instant real estate”).

The plaintiff has a claim based on the judgment related to B, and B does not have any particular positive property.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) In the first place, Plaintiff B has the right to claim for ownership transfer registration based on the provisional registration of this case against the Defendant, and on November 10, 2006 when one year has elapsed since the date of the completion of the purchase and sale reservation, and Plaintiff, the obligee, is insolvent, and the Plaintiff, the obligee, exercises by subrogation the right to complete the purchase and sale reservation, even if it is not acknowledged that the purchase and sale reservation was made on November 10, 2006, the date of completion of the purchase and sale reservation. As such, Plaintiff exercised the right to complete the purchase and sale reservation while filing the instant lawsuit, the trade between B and the Defendant, at the time of filing the lawsuit, became effective.

3. Therefore, the defendant shall make a provisional registration of the real estate of this case to B.

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