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(영문) 서울북부지방법원 2018.01.11 2017가단107428
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. From December 30, 2007 to April 10, 2008, the Plaintiff operated a bath business with the trade name “L” after completing business registration in the name of Ildong-gu, U.K. and K.

B. The Plaintiff entered into a guarantee insurance contract under the name of K with the Seoul Guarantee Insurance Co., Ltd. with the content of “payment guarantee, such as gas use fees, etc. due to the supply of urban gas” with the policyholder K, the insured Seoul Urban Gas Co., Ltd., the insurance amount of KRW 6.1 million, the insurance period from February 1, 2008 to November 30, 2009, and the content of the guarantee.

C. Seoul Urban Gas Co., Ltd. delayed payment of the above L’s gas usage fee, and filed a claim for payment of KRW 6.1 million, which is the purchase price of the urban gas within the scope of overdue usage fee with the Seoul Urban Gas Guarantee Co., Ltd., and the Seoul Urban Gas Co., Ltd. paid KRW 6.1 million insurance money to the Seoul Urban Gas Co

Seoul Guarantee Insurance Co., Ltd. filed a lawsuit against K for reimbursement with the Seoul Central District Court Decision 2010 Ghana50709, and on October 1, 2010, the above court rendered a judgment that “K shall pay to Seoul Guarantee Insurance Co., Ltd. 6.10,000 won with 19% per annum from November 18, 2009 to April 21, 2010, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive as it is.

E. On December 29, 201, the Plaintiff entered into a sales contract with K to sell the instant real estate and the instant M land at KRW 60 million in the purchase price (hereinafter “instant sales contract”) with K with respect to the Plaintiff’s urban gas user fee liability, etc., due to the operation of the said L in the name of K, and completed the registration of transfer of ownership on January 3, 201 with K on the ground of the said sales contract.

F. On November 8, 2012, K is the real estate of this case to the above Defendant, with respect to the obligation to borrow loans from G’s wife G to Defendant C.

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