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1. Of the instant lawsuit, the part of the primary claim and the conjunctive claim by the exercise of creditor’s subrogation right are all.
Reasons
1. Basic facts
A. The transfer of ownership, etc. of 274 square meters in the Jeon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the transfer of ownership of 274 square meters in the Jeon-nam-gun (hereinafter “the first land before the instant partition”).
(2) The Defendant and E, respectively, made registration of preservation of ownership in the name of the deceased L. However, the Special Measures Act on the Registration, etc. of Ownership of Real Estate (Act No. 3094, invalidation, and special Measures Act) was enacted on June 12, 1981 as the receipt of No. 11281 on June 12, 1981.
Pursuant to the registration of transfer of ownership on August 8, 1974 (hereinafter “the registration of transfer of ownership of this case”)
(2) E completed the registration of transfer of ownership on the ground of sale on January 18, 1999 (hereinafter “instant second ownership transfer”) with respect to the Defendant as to 1/2 of his share in the land in the first land prior to the instant partition as to January 1, 1999, the Defendant acquired the entire ownership of the said land.
3) On November 29, 2002, the land No. 1 before the instant partition was divided into three-five square meters and thirty-five square meters, and among which the registration of ownership transfer was completed on the same day for the Plaintiff on the same day. On the other hand, on February 16, 2009, the land No. 239 square meters was again subdivided into three-eight square meters and twenty-six-six-six square meters, respectively. Of which, the registration of ownership transfer was completed to O on February 24, 2009.
5) On June 12, 1981, the progress of the registration of ownership transfer and division as above is as follows. (On November 29, 2002, the registration of ownership transfer on November 29, 2009, and on February 24, 2009, the C large 274 square meters on February 24, 2009 (the ownership of the previous land and net L), Defendant 1/2 (the entire ownership of the Defendant) C large 239 square meters (the land owned by the Defendant), C large 213 square meters (the land owned by the Defendant), E1/2, Defendant 1/260 square meters (the ownership transfer registration of the instant case) on February 26, 2009 (the ownership transfer registration of the instant case)