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(영문) 제주지방법원 2020.11.25 2019나14684
소유권말소등기
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. On October 25, 2004, D Co., Ltd. (1) loaned KRW 2,500,000,000 to F Co., Ltd., Ltd. (hereinafter “C”) and 4 others limited the F Co., Ltd’s above loan obligations to the extent of KRW 3,250,00,000 out of the above loan. (2) On April 29, 2010, D Co., Ltd. (hereinafter “C”) went bankrupt, the trustee in bankruptcy filed a lawsuit claiming the unpaid balance and delay damages from the above loan with the Jeju District Court Decision 2010Ka6603, Apr. 29, 2010.

On February 15, 2011, the above court rendered a judgment that “Defendant C shall pay 2,541,157,717 won to the Plaintiff jointly and severally with other Defendants within the limit of KRW 3,250,000,000 and at the rate of 21% per annum from August 27, 2006 to full payment,” and the above judgment became final and conclusive on March 17, 201.

3) After that, the Plaintiff received the claim cited in the above judgment from D Deposit Insurance Corporation in bankruptcy, and obtained the succession execution clause from the above court, and served on C on May 22, 2019 a certified copy of the succeeded execution clause. B. C for which the right to claim for transfer of ownership under the name of the Defendant has been completed, is the land on which the Defendant entered the purport of the claim against the Defendant on December 18, 2008 (hereinafter “instant land”).

As to the reservation to sell and purchase on December 4, 2008 (hereinafter “instant reservation”)

(2) The provisional registration of the claim for ownership transfer on the ground of the claim (hereinafter “provisional registration of this case”)

(2) The Plaintiff’s assertion was based on the following facts: (a) there was no dispute; (b) Gap evidence Nos. 1 and 2 (including serial number; (c) the purport of the entire pleadings; and (d) the Plaintiff’s right to complete the purchase and sale reservation was not exercised within the lapse of ten years from December 4, 2008, which was the date of the establishment of the instant trade reservation; and (c) the right to complete the said purchase and sale reservation was extinguished by the lapse of the exclusion period; and (d) the instant trade reservation entered into between the Defendant and C is a false declaration of agreement.

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