제3자이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On March 21, 2016, the instant association entered into a real estate security trust agreement with the Plaintiff for some of the households, including the instant real estate, among D apartments located in the Glue-si, the Hanjin Heavy Industries, which was designated as the first beneficiary, and on the same day, completed the registration of the initial district court’s registration of the preservation of ownership as heading under Article 9001 for each of the instant real estate.
On March 21, 2016, at the same time, the Plaintiff filed an application for registration of preservation, and filed an application for registration of trust in accordance with the above real estate security trust agreement with respect to each of the instant real estate with the Kuwon District Court, Ansan Branch, and the receipt number No. 10190 was granted. At the same time, the Plaintiff did not submit the certificate of registration under Article 3 of the Act on Special Measures for the Registration of Real Estate, which is a
On the other hand, the defendant filed a lawsuit against the association of this case (U.S. District Court Decision 201Gahap5452), and on June 28, 2012, the above court rendered a judgment that "the association of this case shall pay to the defendant KRW 544,00,000 and its delay damages" (hereinafter "the judgment of this case").
Although the instant association appealed against this, on December 23, 2015, the judgment of dismissal of the appeal (Seoul High Court 2012Na61171) was rendered, and the instant judgment became final and conclusive on January 13, 2016.
On March 24, 2016, the Defendant applied for a compulsory auction on each of the instant real estate to Suwon District Court Ansan Branch E based on the executory exemplification of the instant judgment.
On March 24, 2016, the said court rendered a ruling to commence compulsory auction, and entrusted the registration of compulsory auction of each of the instant real estate to the Ganwon District Court’s Gwangju District Court’s Masan Branch Office. On March 24, 2016, the commission was accepted as the receipt number No. 10573 on March 24, 2016.
The registration officer of the Dongwon District Court's Masan Branch's Registration Office shall be the plaintiff prior to the receipt number.