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(영문) 대전지방법원서산지원 2016.06.14 2015가단7116
소유권말소등기
Text

1. With respect to B large scale of 77m2:

A. A donation contract concluded on April 27, 2015 between the Defendant and Nonparty C is concluded between the Defendant and Nonparty C.

Reasons

1. The debtor (the principal contractor) loan financial institution from September 11, 1999 to September 11, 2002 from September 19, 2002, the debtor (the principal contractor) loaning financial institution from September 11, 1999 to December 23, 2000, the Joint Agricultural Cooperative Co., Ltd. on May 19, 2000 to May 19, 2000, C from May 19, 2000 to May 19, 2001.

A. The Plaintiff entered into a credit guarantee agreement with the Joint Agricultural Cooperative Association with respect to the loan transaction agreement with C as set forth below.

B. C did not pay the above debt to the Geumcheon Agricultural Cooperative, and the Plaintiff repaid C’s debt to the Joint Agricultural Cooperative in accordance with the above guarantee agreement.

On August 22, 2006, the Plaintiff filed an application with the Daejeon District Court for a payment order against C seeking the payment of the amount of compensation. On August 23, 2006, the Plaintiff received an order from the above court to pay the Plaintiff 45,98,689 won and 27,594,806 won among them to the date of full payment at the rate of 15% per annum from August 19, 2006 to the date of full payment.

The above payment order was finalized on November 11, 2006.

C. On April 28, 2015, the Defendant completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) based on the donation on April 27, 2015 (hereinafter “instant donation”) with respect to D & 777 square meters (hereinafter “instant land”).

The defendant is C's children.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, purport of the whole pleadings

2. Determination

A. The Plaintiff, prior to the date of entering into the instant gift contract, had already been holding the claim for reimbursement against C before the date of entering into the instant gift contract. In full view of the fact inquiry reply to the actual market of this court, C may recognize the fact that there was no property other than the instant land at the time of the instant gift contract. As such, C shall be deemed to have been in excess of its obligation at the time of the instant gift contract, and C shall be deemed to have been in excess of its obligation.

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