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(영문) 대전지방법원 2017.02.10 2016나107286

집행문부여의 이의

Text

1. The part of the judgment of the court of first instance against the selected person A shall be revoked, and the part of the lawsuit shall be dismissed;

2...

Reasons

1. Basic facts

A. The F field No. 2,890 square meters (hereinafter “instant real estate”) was originally owned by G. G. On September 16, 197, G died on September 16, 197, the spouse H (the deceased on February 5, 1997) and the Plaintiff (Appointed Party), C, Appointed A, B (hereinafter “Plaintiffs, etc.”), E, I, J, K, and L inherited the Plaintiff, etc. when called Plaintiff (Appointed Party C, Appointed Party C, A, and B). The registration name was completed independently.

B.1) Since then, E agreed to allow the remaining inheritors including the Plaintiff, etc. to transfer their shares in accordance with their respective inheritance shares. 2) The Plaintiff, etc. filed an application with the Daejeon District Court for provisional disposition prohibiting disposal of shares of 135/252, which is equivalent to the shares of the Plaintiff, etc. among the instant real estate, with the Daejeon District Court’s official branch office, for provisional disposition on March 28, 2012.

(Seoul District Court 2012Kadan131, hereinafter “instant provisional disposition order”) The remaining inheritors including the Plaintiff, etc. filed a lawsuit against E seeking ownership transfer registration pursuant to an agreement against E. On April 12, 2013, the said lawsuit was rendered on April 12, 2013, a decision in lieu of conciliation with respect to shares of 14/232 among the instant real estate on the ground of the agreement made on December 6, 1998, with respect to shares of 14/232, with respect to shares of 38/232 shares to the Plaintiff, etc., and each procedure for ownership transfer registration with respect to shares of 22/232 shares to L (the Daejeon District Court 2013Na1866). The said decision became final and conclusive as is (hereinafter “instant decision”).

(C) (1) On May 31, 2013, the order to commence compulsory auction was issued on June 10, 2013 after the registration of ownership transfer by subrogation pursuant to the instant decision was completed on the part of the selected A’s obligee N upon the Selection’s motion.

2. On December 6, 2013, at the above auction procedure, the Defendant awarded a successful bid for the shares of the said Selection A on December 9, 2013, and filed a share transfer registration on December 9, 2013. On December 17, 2013, the Defendant also filed an objection against the Plaintiff and four other parties, including the Plaintiff, in the Daejeon District Court.