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(영문) 청주지방법원영동지원 2019.06.14 2018가단854
가등기말소
Text

1. With respect to L, as to Defendant B’s share of 567/2079 square meters in the 1236 square meters in the Yancheon-gun M, Chungcheongnamcheon-gun, Defendant C and D, respectively, 378/2079.

Reasons

1. The Plaintiff entered into a credit guarantee agreement with L as a management agency of the NF under the NF Credit Guarantee Act, and issued a credit guarantee agreement, and L was granted a loan of KRW 13.5 million on the basis of the credit guarantee agreement.

The Plaintiff paid 15,601,673 won on behalf of the Plaintiff due to an accident of guarantee due to delinquency in the principal and interest of L’s loan, and was ordered to pay it as the Cheongju District Court 2016j99 claim amount.

The deceased on May 22, 2018, and the deceased on May 22, 2018, and the deceased on May 22, 2018, the deceased on the relationship between the deceased and the deceased 1 B 567/2079 and the deceased 2 C 378/2079, 3D 378/2079, 2079, P was re- inherited the shares of the instant real estate inherited by Defendant E, F and G.

5 F 6 G 108/2079 H 126/2079 H 7 H 1279 was dead on September 4, 1991, before theO died, Defendant H, I, J, and K inherited the instant real estate shares by representation.

8 I 84/2079 L L, 9 J 84/2079 10 K 84/2079 L, on July 30, 1985, entered into a pre-sale agreement on the purchase and sale of the area of 1236 square meters in Chungcheongnam-gun M, Chungcheongnamcheon-gun (hereinafter “instant real estate”) with O on July 30, 1985, and completed the registration of the right to claim ownership transfer on July 31, 1985.

However, the O died on April 23, 2015, and the Defendants inherited the instant real estate in proportion to the inheritance shares indicated below.

Since the O’s right to the completion of the pre-sale agreement under the pre-sale agreement as to the instant real estate expired on July 31, 1995 after the lapse of the exclusion period, the Defendants, the O’s heir, are obligated to implement the procedure for registration of cancellation of the provisional right to claim ownership transfer to L, the owner of the instant real estate.

The plaintiff is a creditor against L, and shall exercise the right to claim cancellation of registration against the defendants in subrogation in order to preserve his claim.

2. Applicable provisions;

A. Defendant B, D, E, F, G, H, I, J, and K Articles 208(3)2 and 150 of the Civil Procedure Act.

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