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(영문) 의정부지방법원 2016.11.22 2015가단121102
소유권이전등기 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 20, 195, the Plaintiff (the Plaintiff: Korea Guarantee Insurance Co., Ltd.; hereinafter “Plaintiff”) concluded a guarantee insurance contract with the coverage of guaranteeing the payment of loans to the Kant Life Insurance Co., Ltd. (hereinafter “Suran Life Insurance”) and with the coverage period from December 20, 1995 to February 17, 2001.

B. B caused an insurance accident (interest arrears) on May 10, 1998 due to the failure to perform his/her obligation for life insurance. On August 21, 1998, the life insurance claimed the Plaintiff to pay the insurance proceeds.

Accordingly, on June 24, 199, the Plaintiff paid insurance money of KRW 22 million to the Keo Life Insurance.

C. The Plaintiff filed an application against B for a payment order seeking reimbursement of reimbursement amount under the Seoul Central District Court Decision 2010 tea64882. On June 2010, the Plaintiff received an order from the above court that “B shall pay to the Plaintiff KRW 22,620,210 and KRW 22,00,000,000 per annum from August 23, 199 to the service date of the original copy of the payment order, 19% per annum from the next day to the service date of the original copy of the payment order, and the damages for delay calculated at the rate of 20% per annum from the next day to the full payment date.” The above payment order was finalized on July 6, 2010.

(b) A claim under the above payment order (hereinafter referred to as the "claim for Reimbursement of this case").

Meanwhile, on March 25, 1999, C forest land C, 18374 square meters (hereinafter “C before division”) was divided into C forest land 17529 square meters and D forest land 845 square meters, and C forest land 17529 square meters was divided into 1671 square meters on July 3, 2014, E forest land 1671 square meters (attached Table 1), E forest land 108 square meters (attached Table 2), F forest land 130 square meters, G forest forest 403 square meters (attached Table 3), and H forest 177 square meters (attached Table 4).

In addition, the registration conversion was made on March 25, 1999 with the land of 845 square meters in Gyeonggi-gu D-gu, Gyeonggi-do, with the land of 845 square meters (attached Form 6), and the F forest land of 130 square meters was made on July 28, 2014 with JJ large 132 square meters (attached Form 7).

E. Before the division of each of the instant real estate, C and the attached list.

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