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(영문) 광주지방법원 2017.07.19 2016가단41611
소유권이전청구권가등기말소 등
Text

1. As to the real estate listed in the separate sheet to Nonparty C:

A. Defendant A shall make a net registry office of the Gwangju District Court on October 1987.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant B

A. Facts of recognition 1) Real estate listed in the separate sheet (hereinafter “instant real estate”) owned by Nonparty 1 C (hereinafter “instant real estate”).

(2) On March 24, 2005, the bankruptcy trustee of the retired Credit Union Korea Deposit Insurance Corporation of Korea on December 26, 2001, the amount of KRW 20,000,000, out of the principal and interest on loan of this case as of December 26, 2001, the Gwangju District Court of Gwangju District as of October 19, 1987, No. 10241, Oct. 16, 1987, registered the provisional seizure of real estate as of October 24, 1987, and registered the provisional seizure of this case as of March 28, 2005 by the Busan District Court of Gwangju District Court of Law No. 2005Kadan5314, which was received on March 28, 2005.

3) On December 26, 2001, the Korea Deposit Insurance Corporation of the Bankrupt Credit Cooperatives filed an order to pay the principal and interest of KRW 100 million against Nonparty C, etc. as the Gwangju District Court Decision 2007Ra174, and the decision on performance recommendation became final and conclusive on January 31, 2007. (4) The Plaintiff acquired the above claim, etc. by transfer of the said claim by the Korea Deposit Insurance Corporation, and was awarded a favorable judgment against Nonparty C, the heir of Nonparty Ba-Ba, the heir of Nonparty Ba-Ba, the Seoul Central District Court 2013Gahap65499.

5) Defendant A’s transfer registration based on the above provisional registration is based on the same provisional registration, with No. 23202 of the same registry office as of September 14, 2007, which was received on September 10, 2007; Defendant B, as of September 14, 2007, No. 23203 of the same registry office, which was received on September 14, 2007; and Defendant B, as of September 13, 2007, for each of the instant registrations of ownership (hereinafter “each of the instant registrations”).

(6) When the ownership transfer registration was made in Defendant A, which was based on the provisional registration of this case, the entry in the decision of provisional seizure of this case was cancelled on September 14, 2007.

[Ground of recognition] A.

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