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1. The part of the judgment of the court of first instance regarding the intervenor succeeding to the plaintiff shall be revoked.
2. The plaintiff's successor's claim.
Reasons
1. Basic facts
A. A. Around November 2013, F agreed to settle the principal and interest of the Defendant and the remaining loans with the principal of KRW 20,000,000, interest of KRW 10,000,000, total of KRW 30,000,000 (hereinafter “the instant settlement amount”).
B. On November 8, 2013, the provisional registration of this case was completed in the name A.
At the time, the instant real estate was leased at KRW 60,00,000. The collateral security was established in the name of G Co., Ltd. (hereinafter “instant collateral security”). However, at the time, the principal and interest of the instant real estate remains in KRW 19,448,000.
C. On January 30, 2019, the provisional registration of this case was completed in the name of the Plaintiff’s succeeding intervenor on January 29, 2019, with respect to the provisional registration of this case. D.
A died on February 14, 2019, and the heir is the spouse D, the Plaintiff’s successor, and the Plaintiff E.
Plaintiff
D and E reached an agreement on the division of inherited property that A would not raise any objection to the donation of the provisional registration of this case to the Plaintiff’s succeeding Intervenor on May 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, 7, 8, 12, Eul evidence No. 5 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination:
A. The summary of the Plaintiff’s assertion 1’s assertion by the parties, F, with the Defendant’s consent, transferred the instant claim for the settlement of accounts to A, and the Defendant agreed to transfer the instant real estate to A for payment in substitutes of the claim.
At the time, A calculated the value of the instant real estate as KRW 90,000,000, and agreed with the Defendant to dispose of the instant settlement deposit claims, instead of taking over the instant real estate, by taking over the obligation of KRW 60,000,000.
The provisional registration of this case is intended to preserve A's right to claim ownership transfer registration under this agreement.
The date of completion of the instant reservation is December 31, 2014.