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(영문) 광주지방법원 2019.05.14 2018가단533466
소유권이전청구권가등기 말소 등 청구의 소
Text

1. As to the 3,814 square meters in Jeonnam-gun, Jeonnam-gun:

A. Defendant B had Nonparty D’s territorial jurisdiction over Gwangju District Court on December 2002.

Reasons

1. Basic facts

A. According to D’s guarantee insurance contract concluded as of December 26, 2001, the Plaintiff paid KRW 3,061,780 of the insurance money on June 24, 2003 to the insured. Accordingly, the Plaintiff has a claim against D for indemnity and interest, delay damages, total amount of KRW 10,723,520,00, as of September 28, 2018.

B. On December 28, 2002, the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on December 28, 2002 with respect to the 3,814 square meters (hereinafter “the instant real property”) in Yong-gun, Young-gun, Jeonnam-gun, Jeonnam-gun.

C. On April 18, 2014, regarding the right to claim ownership transfer, which is the right to preserve the provisional registration of this case, the provisional disposition registration was completed in the name of the Defendant Korea Asset Management Corporation (hereinafter “Defendant Corporation”), and on June 20, 2018, the registration of seizure was completed in the name of the Defendant Corporation (hereinafter “registration of seizure”).

D is currently insolvent.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, the whole purport of the pleading

2. Determination on the cause of the claim

A. The Plaintiff asserts that the limitation period of the right to the completion of the sales contract regarding the instant real estate in Defendant B was expired around the other hand, and that the conjunctively, Defendant B’s right to the registration of ownership transfer regarding the instant real estate has expired or the provisional registration has expired on the premise that the provisional registration in this case was a provisional registration for security, and that the provisional registration in this case was completed upon the premise that the provisional registration in this case was a provisional registration for security, the Plaintiff filed a claim against Defendant B for the cancellation of

B. According to the whole purport of the statements and arguments as to whether the exclusion period of the right to complete the purchase and sale reservation is expired, the fact that Defendant B and D agreed to sell the instant real estate owned by D on December 24, 2002 to Defendant B on December 23, 2005 and entered into a pre-sale agreement with Defendant B on December 23, 2005, and Defendant B around December 20, 2005.

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