제3자이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 25, 2007, the Plaintiff acquired ownership of the real estate listed in the [Attachment List (hereinafter “instant real estate”) and sold the instant real estate to B and completed the ownership transfer registration in the future.
B. In the case of claim for cancellation of ownership transfer registration filed by the Plaintiff against B (this Court Decision 2012Ga15157), “B” was finalized on November 1, 2012 that “B received KRW 10 million from the Plaintiff and was cancelled the right to collateral security set forth in C Apartment 104 Dong 1302, and at the same time cancelled the registration of ownership transfer completed with respect to the instant real estate from the Plaintiff.”
C. The registration of provisional disposition was completed on December 21, 2012 according to the provisional disposition order (hereinafter “instant provisional disposition order”) issued in the provisional disposition case (hereinafter “instant provisional disposition order”) that was filed by the Plaintiff with B as the right to claim the cancellation registration of ownership transfer registration against B in accordance with the said final settlement recommendation order.
On the other hand, the defendant filed an application against the plaintiff as the creditor against B for the cancellation of the provisional disposition of this case (this court 2016Kadan1694), and the above case was proceeded by public notice. This court revoked the provisional disposition of this case on the ground that the plaintiff did not file a lawsuit within three years after the execution of provisional disposition, and accordingly, the provisional disposition registration of this case was revoked on September 9, 2016.
E. On September 29, 2016, the Defendant’s compulsory auction was commenced on September 29, 2016 based on an executory exemplification of the judgment with the Seoul Northern District Court Decision 2015Da28651, as to B.
F. On February 7, 2017, the Plaintiff filed an appeal for subsequent completion by requesting the revocation of the first instance court’s decision revoking the instant provisional disposition order (this court 2017Ra64). However, on May 29, 2018, the appeal was dismissed, and the reappeal was also dismissed on October 16, 2018 (Supreme Court 2018Ma508).
G. As to the instant real estate, it still remains in front B.