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(영문) 부산지방법원 2016.09.28 2015가합43199

제3자이의

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties 1) The Plaintiff A is deceased on or around December 2012, 2012, and the deceased Party C (hereinafter “the deceased”).

(B) The plaintiff B is the Dong of the deceased and the plaintiff B is the D Ground E (Gu F; hereinafter referred to as the "instant inspection") operated by the deceased.

2) The Defendant received the construction work of the instant temple from the Deceased as a corporation for the purpose of soil construction business, etc.

(hereinafter “instant construction contract”). B.

The Sungsung Credit Union, a creditor of the deceased, who was a compulsory execution against the instant temple, was unable to repay his/her debts, applied for an auction on the instant temple to the Changwon District Court on December 8, 2010, G, which was voluntarily decided on December 9, 2010 by the said court, and H was awarded a bid for the instant temple and its site on March 16, 2012 at the auction procedure commenced thereafter.

4.6. He shall complete the registration of ownership transfer on the above temple and its site.

2) Thereafter, on April 10, 2012, H applied for an order to deliver real estate to the Changwon District Court as to the instant inspection, upon receipt of an order to deliver real estate from the said court on April 12, 2012. On May 30, 2012, H completed compulsory execution against the well-known room and the closing room. (c) The Defendant’s claim against the Deceased and compulsory execution 1) movable property listed in the attached Table No. 1 (hereinafter “instant movable property”) were owned by the Deceased as movable property within the instant inspection.

2) On January 19, 2012, the Plaintiff filed an application for a payment order of KRW 900 million pursuant to the instant construction contract with the Changwon District Court Heading Division 2012j20 against the Deceased, and the said payment order became final and conclusive February 7, 2012. 3) On March 16, 2015, the Plaintiff as the title holder of the final and conclusive payment order, as the Busan District Court Decision 2015TTT6951, March 16, 2015, as the title holder of the said final and conclusive payment order.