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(영문) 수원지방법원안산지원 2015.08.19 2015가단100396
가등기말소
Text

1. The defendant on February 27, 1997, as to the real estate stated in the separate sheet list No. 2, the Suwon District Court's Masan Branch.

Reasons

1. Basic facts

A. Dongi Mutual Savings and Finance Company loaned 50,000,000 won to B on May 23, 1997

On November 11, 2000, the Gyeonggi Savings Bank Co., Ltd. (former trade name: Gyeonggi Mutual Savings Bank Co., Ltd.; hereinafter referred to as the “Game Savings Bank”) (hereinafter referred to as the “Game Savings Bank”) has succeeded to all rights and obligations of Dong Mutual Savings and Finance Company, thereby imposing on B the “bonds with 19% per annum on KRW 92,464,165 and 14,678,785 from April 8, 2013 to the date of full payment.”

(Order of Payment No. 2013j 1479, May 9, 2013). (B) The District Court Order No. 2010, April 17, 2013, dated May 9, 2013.

The Gyeonggi Savings Bank was declared bankrupt on July 1, 2013, and the plaintiff was appointed as a trustee in bankruptcy of the Gyeonggi Savings Bank on the same day.

C. B Concerning the real estate listed in the separate sheet (hereinafter “instant building”), as to the Defendant, “the provisional registration of the right to claim transfer of ownership as stated in Section 1 of the Disposition on February 27, 1997, based on the trade reservation as of February 27, 1997.”

(1) 【No dispute over the grounds for recognition, Party A’s entries in Gap’s Evidence Nos. 1, 2, and 3, and the purport of the whole pleadings.

2. Determination on the issues of the instant case

A. (1) According to the record of Gap evidence No. 4 and the fact-finding reply to the Ministry of Land, Infrastructure and Transport, following the fact-finding inquiry about the Ministry of Land, Infrastructure and Transport, the building of this case is the only real estate owned by B, and its value is 98,00,000 as of January 1, 2015. And as of July 7, 2015, Eul with respect to the Gyeonggi Savings Bank, the value of which exceeds the value of the building of this case as of July 7, 2015 (92,464,165 won from April 8, 2013 to July 6, 273, 2015 (14,678,785 won x 19% x 19% x 821,365 won) and, in particular, it cannot be said that the debtor's voluntary subrogation requirement is not a requirement for creditor's insolvency.

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