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(영문) 울산지방법원 2018.08.29 2017나22438

소유권말소등기

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's lawsuit against the defendant shall be dismissed.

3...

Reasons

1. Basic facts

A. On June 23, 2011, E filed a lawsuit against D in Busan District Court. On December 15, 2011, the said court rendered a judgment that “D shall pay E the amount of 58,314,520 won and interest calculated at the rate of 20% per annum from August 6, 2011 to the date of full payment” (the foregoing court Decision 201Ga6746). The above judgment was finalized on January 5, 2012.

B. The Plaintiff from E around November 2012.

On January 2, 2013, upon the transfer of claims described in the paragraph, the succeeding execution clause was granted from the Busan District Court, and on January 4, 2013, a certified copy of the succeeding execution clause was delivered to D.

(hereinafter “instant bonds”). (C) The claims transferred by the Plaintiff from E are:

With respect to the instant real estate owned by C, on September 23, 201, the registration of ownership transfer was made on October 12, 201 in the name of the defendant on the grounds of sale on September 23, 201, by the Ulsan District Court No. 99061.

D In February 9, 2018, the U.S. District Court was sentenced to a fine of KRW 4 million due to the criminal facts in violation of the Act on Real Name Financial Transactions and Guarantee of Secrecy as follows (the above court was acquitted as to part of the crime list). D and the prosecutor appealed respectively against the above judgment, but the appellate court dismissed all the above appeal (the above court 2018No201), and the above judgment became final and conclusive on May 19, 2018.

No person shall conduct financial transactions under the real name of another person for the purpose of evading compulsory execution.

On December 15, 2011, the Defendant was sentenced to the Busan District Court to pay KRW 58,314,520 of the price of the goods and interest for delay. On January 4, 2013, the Defendant served a certified copy of the succession execution clause that A, who received the claim for the price of the goods from the above E, planned to enforce compulsory execution as his successor, was served on January 4, 2013, and around that time, the corporeal movables owned by the Defendant in the Ulsan-gun, Ulsan District Court was seized and the compulsory auction procedure was in progress.

The Defendant around December 22, 2014.