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(영문) 광주지방법원해남지원 2020.05.12 2019가단1487
소유권이전가등기 말소등기
Text

1. As to the shares of 6/98, Defendant C and D with respect to the shares of 6/98 square meters in Jeonnam-gun G-do, Jeonnam-do, and 4/98 shares, respectively.

Reasons

1. Basic facts

A. On October 11, 1989, the network I completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on the ground of sales promise as of October 11, 1989 with respect to the area of 142 square meters (hereinafter “the instant real estate”) in Dondo District Court No. 9944, which had been received by the Dondo registry office of the Gwangju District Court, as of 142 square meters (hereinafter “the instant real estate”).

B. On May 4, 2001, the network I entered into a credit guarantee agreement between the Plaintiff and the Plaintiff, and ① on May 4, 2001, 28.8 million won was loaned from a financial institution. On the same day, I entered into a credit guarantee agreement with a financial institution on May 4, 2001. ② A loan of KRW 30 million was granted from a financial institution on the same day.

As the net I was unable to repay each of the above loans, the Plaintiff subrogated to the financial institution on April 30, 207, KRW 30,760,197 for the principal and interest of the loans as stated in the above paragraph (1), and ② on March 12, 2009, KRW 35,992,423 for the principal and interest of the loans as stated in the above paragraph.

C. The plaintiff is against the deceased I in this court.

(1) A lawsuit was filed to seek reimbursement of the amount of reimbursement by subrogation as stated in paragraph (1). On June 27, 2008, this court rendered a judgment on June 27, 2008 that "the net I shall pay to the Plaintiff 31,316,408 won and 30,760,197 won among them, 15% per annum from June 13, 2007 to May 16, 2008, and 20% per annum from the next day to the date of full payment (No. 208da1788)," and the above judgment became final and conclusive on July 17, 2008.

Furthermore, the plaintiff is against the net I in this court.

(2) A lawsuit was filed to seek reimbursement of the amount of reimbursement by subrogation as stated in the Paragraph (2). On December 31, 2009, this Court rendered a judgment that “The net I shall pay to the Plaintiff the amount of KRW 35,992,423 and the amount calculated by applying the rate of 15% per annum from March 12, 2009 to October 6, 2009, and the amount of money calculated by applying the rate of 20% per annum from the next day to the date of full payment (No. 2009Da4319).” The above judgment became final and conclusive on January 19, 2010.

E. The deceased I died on October 3, 201, and the deceased I’s intention.

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