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(영문) 창원지방법원진주지원 2016.11.18 2016가단6268

승계집행문부여에 대한 이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 13, 2012, the Defendant purchased from Jinju-si F 283 square meters (hereinafter “instant land”) from Jinju-si, and as to the instant land, the registration of ownership transfer under the name of the Defendant was completed on February 14, 2012 as the receipt of Jinwon District Court Decision 6815.

B. G completed the registration of ownership preservation as to the building indicated in the attached Table’s attached property (hereinafter “instant building”), which was received on March 23, 1994 from the Changwon District Court, as the Jinwon Branch Branch H and I real estate compulsory sale procedure on May 27, 2013. As to the instant building, C was awarded a successful bid for the instant building at the Changwon District Court’s Jinju Branch Branch, and the registration of ownership transfer under C was completed on April 13, 2015 as the receipt by the Jinwon District Court’s Jinju Branch, as the receipt by 19513 on April 13, 2015.

C. Part of the instant building is located on the ground of part (i) of 49 square meters in the ship (hereinafter “the instant dispute part”) connected with each point of the attached Table 1, 2, 3, 4, 5, and 1 among the instant land in sequence.

Conciliation Provisions

1. C acquires 49 square meters of J-road 108 square meters in J-si, J-si, and completes the registration of ownership transfer to the Defendant.

At the same time, the defendant completed the registration of transfer of ownership with respect to the dispute of this case to C.

2. If the area to be transferred by C among the roads J to the Defendant under the proviso of paragraph (1) 1 does not reach 49 square meters, the Defendant completed the registration of ownership transfer to C only for the same area as the area actually transferred by C among the dispute portion of this case (the adjacent area from the main debt of the building).

3. Until May 31, 2015, the real estate exchange arrangement under paragraphs 1 and 2 as of June 1, 2015 shall be terminated unless real estate exchanges under paragraphs 1 and 2 above are made due to the failure of C to acquire all or part of the roads of J in J in J in J in J in J in J in Jin-si.

After that, C removes the ground buildings on the part of the dispute of this case to the Defendant, and this case.