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(영문) 대구지방법원안동지원 2014.12.10 2014가단1201
소유권이전등기
Text

1. Of the 3167 square meters prior to Ansan-si, the number of points indicated in the annexed Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 1 are successively connected.

Reasons

1. Determination on this safety defense

A. The gist of Defendant C’s defense is that Defendant C purchased the land from Defendant B’s deceased E (hereinafter “the deceased”), and the Plaintiff purchased the land from Defendant B, and the Plaintiff sought implementation of the procedures for the registration of ownership transfer of the land from the deceased’s heir in subrogation of Defendant B, the Plaintiff asserted that the lawsuit in this case is not legitimate since the Plaintiff did not have a right to claim the registration of ownership transfer of the land as the preserved right against Defendant B.

B. 1) In a creditor subrogation lawsuit, where the right of the creditor to be preserved by subrogation is not acknowledged, the creditor himself becomes the plaintiff and becomes disqualified as the plaintiff to exercise the debtor's right against the third debtor, and thus the subrogation lawsuit is not dismissed in an unlawful manner (see, e.g., Supreme Court Decision 92Da48857, Jul. 13, 1993). (2) Whether the plaintiff purchased the land from the defendant Eul or not is entitled to be dismissed in an unlawful manner (see, e.g., Supreme Court Decision 92Da4857, Jul. 13, 1993).

(A) Of the area of 3167 square meters, the part (i) of the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 1 of the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 31 of Ansan-si,

The Plaintiff purchased approximately KRW 343,00,000. (2) On the other hand, at the time of concluding the above sales contract, the Plaintiff affixed a seal on the sales contract as a observer, and Defendant B lent part of the above sales amount to Defendant B so that Defendant B could pay the purchase price to the Deceased.

The plaintiff, among the above purchase price of KRW 17150,00,000, Defendant B, on October 9, 1999.

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