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(영문) 수원지방법원 성남지원 2018.08.21 2017가단216270
가등기말소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B is an owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) and is in arrears with a total of KRW 264,32,360,00 until now, including the transfer income tax reverted to year 207.

B. On December 17, 199, the Defendant and C entered into a pre-sale agreement with respect to the instant real estate, and completed a registration of the right to claim ownership transfer on the ground thereof. After which, around July 18, 2002, the Defendant transferred the share of the right to claim ownership transfer from C and registered it (hereinafter “the provisional registration of this case”).

C. As of the closing date of pleadings, B also has positive property of KRW 387,621,06, total amount of KRW 13,342,601 for the National Health Insurance Corporation, including tax liability against the Plaintiff, and KRW 11,480,00 for the Gwangju-Namnam Forestry Cooperatives, including tax liability against the Plaintiff, and KRW 310,849,311 for the Gwangju-si Forestry Cooperatives.

The fact that, prior to Gwangju-si 273 1,49,000 140,677,000 140,677,000 Gwangju-si 2, Gwangju-si 7324,008,155,721,066 126,565,000 FF-si 3 Gwangju-si 165,600 165,000 1628,228,000 14,136,000 5 Gwangju-si 1,1347,000 1,41,958,000 61,200 6,205, 205, 64, 6064, 306, 207, 206, 207, 206, 306, 206, 206, 207, and 37,16

2. As the right to the completion of the pre-sale agreement, which is the cause of the provisional registration of this case, has expired due to the lapse of the exclusion period, the Plaintiff seeks to cancel the provisional registration of this case to the Defendant in subrogation of B.

In case where the creditor's right to the debtor, which is to be preserved by subrogation, is a monetary claim, the necessity of preservation, that is, the creditor's subrogation of the debtor only when the debtor is insolvent.

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