(영문) 울산지방법원 2019.09.18 2018가단64735

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(영문) 울산지방법원 2019.09.18 2018가단64735

소유권이전등기말소등기 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 11, 2011, C, the Plaintiff’s attached, was designated and lent KRW 40 million to D on March 11, 201 as interest rateing KRW 500,000 per month and due date on March 11, 2015, and Nonparty E and two, as joint and several, guaranteed D’s debt to C.

B. On May 27, 2013, C transferred loans and joint and several debt claims to the Plaintiff for the foregoing D and E and two others, notified transfer to D and E and two others on the same day, and the above notification reached D and E and two others around that day.

C. On June 20, 2013, the Ulsan District Court issued a payment order with the content that “E shall pay the Plaintiff KRW 40 million and damages for delay from April 11, 2011,” and the said order became final and conclusive around that time.

On the other hand, on February 17, 2011, E completed the registration of ownership transfer based on sale on February 7, 201 with respect to the real estate listed in the separate sheet (hereinafter “the loan”) on February 17, 201. On May 19, 201, E completed the registration of ownership transfer based on the sale on May 24, 201, the registration of ownership transfer was completed for the Defendant on May 25, 201 to F, the maximum debt amount of F, as the maximum debt amount of F, and completed on May 25, 2012 to the Defendant on May 24, 2012.

E. After that, on July 5, 2018, the Defendant sold the instant loan at KRW 156 million to the G Regional Housing Association (hereinafter “SP”) and transferred the registration of ownership transfer to the Nonparty Cooperative on July 31, 2018 after receiving the said purchase price from the Nonparty Cooperative.

(f) E is currently insolvent;

【No dispute over the basis of recognition】In the absence of dispute, Gap 1, 2, 3-1, 4, and Eul 9 (including the number with more than one number), the inquiry results on the Minister of Court Administration of this Court, the results of the inquiry on the financial transaction information return to H of this Court, and the purport of the entire pleadings.

2. Determination

A. The summary of the Plaintiff’s assertion 1 First, E is the Defendant’s mother-friendly J, and it is directly the Defendant’s mother-friendly.

유사 판례

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