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(영문) 부산지방법원 2014.12.17 2013가단234062
소유권이전등기말소청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff Company C (hereinafter “C”)

A) On March 27, 1985, a company is established for painting construction business, engineering work business, etc., and B was appointed as the representative director of C on January 17, 1997. 2) A Housing Project Mutual Aid Association (Korea Housing Guarantee Corporation pursuant to Article 6 of the Addenda of the Housing Construction Promotion Act amended by Act No. 5908, Feb. 8, 1999; hereinafter “Korea Housing Guarantee”) comprehensively succeeded to the rights and obligations of C during the period from August 1, 1995 to July 5, 1996, C entered into an agreement with C during the period from August 1, 1995, 195, (State), Gyeongnam Bank, (State Bank), Gyeongnam Bank, and (State Bank to guarantee the repayment of the principal and interest of C as the guarantor, but if the guarantee of the loan was to guarantee the repayment of the loan, the amount of the loan and the damages for delay shall be paid by subrogation at the rate of the principal and interest of C Housing.

3) Accordingly, C submitted each of the above loans issued under the above loan guarantee agreements from the Korea Housing Guarantee to each of the above banks, and received a total of KRW 2.27 million from each of the above banks. 4) Pursuant to the expiration of the guarantee period of each of the above loans, Korea Housing Guarantee extended the guarantee period of each of the above loan guarantee agreements between July 5, 1997 and June 30, 198 with C, and at the time, B, the representative director of C, guaranteed the debt under the above loan guarantee agreement for Korea Housing Guarantee.

5. However, since C reached around July 5, 1998, it delayed the payment of the principal and interest of each of the above banks, and the Korea Housing Guarantee shall, upon the request of each of the above banks, be KRW 2,427,68,837, which is the sum of the principal and interest of each of the above banks between December 30, 1998 and December 29, 199.

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