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(영문) 대전지방법원홍성지원 2020.12.11 2020가단1738
소유권이전청구권가등기말소
Text

1. The defendant, on April 7, 1997, shall be the head of the Daejeon District Court, the head of the Daejeon District Court, the port registry office of the Daejeon District Court, with respect to C (D) with respect to the area of 2,594 square meters in size prior to

Reasons

1. Basic facts

A. On January 12, 1994, the Plaintiff issued a credit guarantee certificate from the G Association to the G Association, and on February 19, 201, the Plaintiff paid F’s debt amounting to KRW 66,648,777 upon the request for the performance of the guaranteed obligation of the Association. On May 15, 2020, the Plaintiff applied for a payment order against the Plaintiff, a joint guarantor, as the Hongsung Branch of the Daejeon District Court, as the Hongsung Branch of the Daejeon District Court, issued a payment order with KRW 2020 tea143, and on May 15, 2020, issued a payment order with the above court for KRW 66,648,77 and KRW 13,08,040 from May 12, 202 to the date of service of the annual payment order, and for KRW 12% per annum from the next day to the date of full payment (hereinafter “instant payment order”).

B. Meanwhile, on April 7, 1997, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on April 4, 1997, on the ground of the trade reservation on April 4, 1997 (hereinafter “instant trade reservation”).

C. Meanwhile, there is no dispute over the provisional attachment registration of KRW 125 million on October 28, 1997 with respect to the instant real property, which was filed by H, a provisional attachment registration of KRW 239.5 million on June 25, 1997, the provisional attachment registration of KRW 57,475,319 on September 18, 200, which was filed by J, a provisional attachment registration of KRW 57,475,319 on September 18, 200, and the Defendant also is in excess of the obligation of KRW C.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s provisional registration of this case expired the ten-year exclusion period from April 4, 1997, which was the pre-sale date, and the Defendant’s right to complete the pre-sale agreement expired.

Therefore, the Plaintiff, a creditor of C, seeks cancellation of the provisional registration of this case against the Defendant by subrogation of C.

B. The Defendant’s land on April 4, 1997, including the instant real estate, from C, is the land of four parcels.

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