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(영문) 전주지방법원 2014.06.13 2013가단42689
가등기말소
Text

1. Nonparty C:

A. Defendant A is the Jeonju District Court with respect to each real estate listed in the separate sheet Nos. 1 to 4.

Reasons

1. Facts of recognition;

A. On March 28, 1997, the Plaintiff’s guarantee insurance company for the telegraphic person entered into a lease insurance contract with D on the condition that D’s performance guarantee for the lease obligations owed to the Mine Lease Finance Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), the insured, was jointly and severally guaranteed by C, etc. under the said guarantee insurance contract.

B. Since then D did not perform the lease obligation to the non-party company, the occurrence of the insurance accident on March 30, 1998 occurred, and on February 25, 2000, the Plaintiff paid KRW 308,356,960 to the non-party company.

C. On October 18, 201, the Plaintiff filed a lawsuit seeking reimbursement against D and C, a joint guarantor, etc., the primary debtor, and on October 18, 201, the lower court rendered a judgment that “D and C, etc. shall jointly and severally pay to the Plaintiff 565,203,538 won and 158,040,965 won with interest of 19% per annum from May 12, 201 to the date of full payment.”

(Maju District Court 201Kadan34250). D.

On the other hand, C had completed the provisional registration of the right to claim transfer of ownership under the name of the Defendant A (hereinafter “instant provisional registration”) on April 14, 1998 on the ground of a pre-sale promise as of April 13, 1998 (hereinafter “the first pre-sale promise”), which was received on April 14, 1998 with respect to each real estate listed in the separate sheet Nos. 1 through 4 in his own possession (hereinafter “the second pre-sale promise”), as of April 13, 1998, as of April 14, 1998. ② Of each real estate listed in the separate sheet No. 5 through 7, as of April 13, 1998 (hereinafter “the second pre-sale promise”). The provisional registration of the right to claim transfer of ownership under the name of the Defendant B (hereinafter “instant provisional registration”).

E. C is currently insolvent.

[Grounds for recognition] Each entry of Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2 (including each number), and the purport of the whole pleadings.

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