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(영문) 인천지방법원 2017.06.08 2015가단63748
소유권이전등기말소청구 등
Text

1. On April 8, 1998, the defendant shall make to B each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. B completed the registration of ownership transfer with respect to each of the instant real estate on March 29, 1997.

B. In the payment order case filed by the Plaintiff against C and B as Seoul Central District Court No. 2013 tea35825, May 22, 2013, the said court ordered C and B to pay to the Plaintiff the amount calculated at the rate of 24% per annum from November 20, 2001 to the date of complete payment, with respect to KRW 245,435,39 and the amount of KRW 4,000 among them, jointly and severally, to the Plaintiff. The said payment order was finalized on June 19, 2013.

C. The amount of the claim based on the above payment order against the Plaintiff B is KRW 258,672,878 as of August 31, 2015 and damages for delay calculated at the rate of 24% per annum from September 1, 2015 to the date of full payment.

On April 8, 1998, the Defendant completed the provisional registration of the right to claim ownership transfer (the priority number 2; hereinafter referred to as the “provisional registration of this case”) under No. 12323, which was received on April 8, 1998 by the Incheon District Court, Dongcheon Registry, Dongcheon, which was based on the trade reservation on each of the instant real estate owned by B.

E. As to each real estate of this case, the Korea Deposit Insurance Corporation of the bankrupt Red Mutual Savings and Finance Company completed the provisional seizure entry registration (hereinafter "registration of provisional seizure No. 1 of this case") by the Incheon District Court Dongcheon District Court No. 59572, Dec. 18, 2002. The plaintiff completed each provisional seizure entry registration (hereinafter "registration of provisional seizure No. 2 of this case") by the same registry office No. 38266, Sept. 1, 2004; No. 38926, Sept. 4, 2004; and No. 56106, Dec. 5, 2007; and the plaintiff completed each provisional seizure entry registration (hereinafter "registration of provisional seizure No. 2 of this case").

On August 18, 2003, the bankruptcy trustee of the Red Mutual Savings and Finance Company, the bankrupt, transferred the provisional attachment registration of this case to the Plaintiff, and around that time, notified the transfer to B.

F. The Defendant is based on the provisional registration of this case, which was received on August 2, 2012 by the same registry office on the ground of sale on August 2, 2012, as the receipt of August 2, 2012, based on the provisional registration of this case.

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