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(영문) 서울고등법원 2015.02.12 2014나45913

제3자이의

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. Aid by intervention from among the total costs of the lawsuit.

Reasons

We examine the defendant's main defense of safety.

With respect to the lawsuit in this case against the plaintiffs' provisional injunction execution (hereinafter "the execution of provisional injunction in this case") against K on March 10, 2009 on the basis of the provisional injunction order with executory power of the case of prohibition against disposal of real estate disposal against K, Seoul Central District Court 2009Kahap311, the provisional injunction execution against the real estate in this case is to preserve the plaintiffs' right to claim the establishment registration of mortgage based on the mortgage contract as of December 12, 2008 on the real estate in this case. Since the defendant completed the establishment registration of mortgage based on the mortgage contract as of December 12, 2008 on the real estate in this case on September 12, 2009 after the provisional injunction execution of this case, the lawsuit in this case is unlawful because there is no interest in the lawsuit in the lawsuit in this case.

According to the purport of Gap evidence 1-1 to 15, Eul evidence 2-3, and Eul evidence 1-1-1, each of the above statements and arguments, the plaintiffs and Eul are the owners of the existing apartment houses with 18 households located on the land of Seocho-gu Seoul, Seocho-gu (hereinafter "Gu NL"), and the defendant is the creditor of KN who lent 450 million won to K on December 12, 2008, and 18 owners of the old NL, including the plaintiffs and K, were removed from the old NL, and constructed the new apartment houses with 19 households added one household on the site, with the permission of the head of Seocho-gu Seoul National Office on April 4, 2003, and received the provisional disposition of this case from the new 30,000,000 won on 19,000,0000 won on 19,000,000 won on 30,000,000.