가압류말소 회복등기 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 28, 2013, the Plaintiff filed an application for provisional seizure of real estate against Defendant B Co., Ltd. (hereinafter “Defendant B”) with the Seoul Northern District Court 2013Kahap652, Namyang-si, for provisional seizure of real estate against the buildings unregistered real estate located in G in Nam-si, Nam-si. The said court accepted the Plaintiff’s application on September 5, 2013 and decided provisional seizure of real estate.
(hereinafter referred to as “instant provisional attachment order”). (b)
After that, on September 9, 2013, the registration of preservation of ownership was completed with respect to each real estate listed in the separate sheet in Defendant B’s name (hereinafter “each of the instant real estate”), and on the same day, the registration of the decision of provisional seizure of this case (hereinafter “registration of provisional seizure of this case”) was completed on September 9, 2013 with respect to each of the instant real estate as the Jung-gu District Court’s Seoul District Court’s receipt No. 110406, Sept. 9, 2013.
C. On April 7, 2014, Defendant B filed an application against the Plaintiff for an order to file a lawsuit with the Seoul Northern District Court 2014Kao520, and on May 7, 2014, the said court ordered the Plaintiff to file a lawsuit with the effect that “the Plaintiff filed a lawsuit on the merits within 20 days from the date of receipt of the said decision, and the documents verifying it are to be shipped out.”
On May 12, 2014, the Plaintiff received a certified copy of the order to file a lawsuit, and on June 2, 2014, filed an application with Defendant B for payment order with the Seoul Northern District Court 2014Guj1947, and submitted the receipt certificate to the Seoul Northern District Court on the same day.
E. However, on August 8, 2014, Defendant B filed an application for the revocation of provisional seizure with the Seoul Northern District Court 2014Kahap587, on the ground that the Plaintiff did not file a lawsuit on the merits after the lapse of the period specified in the order to file a lawsuit. The said court accepted Defendant B’s application on September 25, 2014 and revoked the provisional seizure decision of this case (hereinafter “decision to revoke provisional seizure”).
On October 16, 2014, according to the decision to revoke the above provisional seizure, the Jung-gu District Court of the Republic of Korea has jurisdiction over each of the real estate in this case.