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(영문) 광주지방법원해남지원 2016.09.01 2015가단4709
소유권이전청구권 가등기말소 등
Text

1. As to each real estate listed in the separate sheet to C:

A. Defendant A shall be the Maritime Court of Gwangju metropolitan on January 19, 1999.

Reasons

1. Basic facts

A. On January 19, 199, C completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on January 12, 1999 with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) to Defendant A on January 19, 199.

B. On May 6, 199, Dong Bank Mutual Savings and Finance Company (hereinafter “Dong Bank Mutual Savings and Finance Company”) loaned KRW 10,000,000 to D, and E,F, and C guaranteed D’s debt.

C. After the Dong bank mutual savings and finance company goes bankrupt, the bankruptcy trustee of the Dong bank mutual savings and finance company transferred credit to the Plaintiff on May 11, 2004 and notified the transfer of credit to D on June 2, 2004.

C On February 7, 2013, Defendant A completed the principal registration based on the provisional registration of this case (hereinafter “instant first ownership transfer registration”).

E. On March 18, 2013, the Plaintiff received a payment order to the effect that “E, F and C shall jointly and severally pay for KRW 11,271,318 and the principal amount of KRW 10,000,000 per annum from November 16, 2001 to the date of full payment,” and the above payment order became final and conclusive as it is, as it is,.

F. On January 10, 2014, Defendant A completed the registration of ownership transfer on January 6, 2014 with respect to each of the instant real estate to Defendant B (hereinafter “instant registration of ownership transfer”) by means of sale on January 6, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1-5, Gap evidence 2-2, the purport of the whole pleadings

2. The Plaintiff’s assertion: (a) the ten-year period from January 12, 1999 of the reservation date for the sale and purchase of each real estate of this case expired; and (b) even if the provisional registration of this case was completed in order to secure the claim against Defendant A, the above claim remains far more than 10 years after the due date.

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