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(영문) 서울중앙지방법원 2016.02.12 2015가단5228839

제3자이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Seoul Central District Court Decision 2008Kadan82833 on September 23, 2008 rendered a provisional attachment decision (hereinafter “the provisional attachment decision of this case”) on each real estate listed in the attached real estate list (hereinafter “each real estate of this case”) with the claim amount of KRW 800 million as part of the amount of promissory notes against the defendant, debtor C, and the claim amount as part of the amount of promissory notes. The provisional attachment decision of this case was completed on September 26, 2008 by the entrustment of registration pursuant to the provisional attachment decision of this case on September 26, 2008.

The Defendant completed the registration of ownership transfer on October 1, 2008 with respect to each of the instant real estate on the grounds of sale on September 29, 2008. However, as the Plaintiff’s husband D filed a lawsuit against the Defendant against the Seoul Central District Court Decision 2009Gahap59836, May 27, 2009 against the Defendant, and the judgment became final and conclusive, the above transfer registration in the name of the Defendant was cancelled on July 21, 201.

The Plaintiff completed the registration of ownership transfer on July 22, 201 with respect to each of the instant real estate on June 30, 2011.

C On October 9, 2009, the Seoul Central District Court 2009Gahap114917, which was the Seoul Central District Court 2009, filed a lawsuit against the defendant to seek cancellation of each ownership transfer registration as of October 1, 2008 in the name of the defendant with respect to the remaining 15 households except the real estate of this case among the four-story housing and neighborhood living facilities other than each of the real estate of this case. The defendant filed a counterclaim while filing an appeal, and the defendant filed a counterclaim on March 30, 2012, Seoul High Court 201Na48164 (Main District Court 201Na56233 (Counterclaim), which was the appellate court of this case, on the defendant's counterclaim, C was sentenced to the judgment to pay the defendant 33,068,000 won and delay damages (hereinafter "the judgment of this case"), and both C and the defendant of this case filed a final appeal on March 13, 2012.