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(영문) 부산지방법원 2018.04.03 2017가단327412

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff and C are the wholesalers, and C reported their marriage around 199, and around August 2015, it was the divorce between B and C, and the Plaintiff was the wife of B.

D On October 27, 2011, the E-Housing Redevelopment Project Association and the attached list of the E-Housing Redevelopment Project Association (hereinafter referred to as "the apartment of this case") concluded a sales contract to purchase the apartment of this case in 283,00,000 won, and the Plaintiff purchased the apartment of this case from D on November 15, 201.

On November 20, 2014, the Plaintiff completed the registration of transfer of ownership on the instant apartment on October 27, 2011.

B was prosecuted for committing an offense, such as opening and operating a private sports soil site from around 2011 to October 2016, by Busan District Court 2016Da6286, the opening of gambling space, violation of the Electronic Financial Transactions Act, violation of the Act on the Regulation and Punishment of Concealment of Gains from Crimes, and violation of the National Sports Promotion Act (hereinafter referred to as "gambling place, etc."), and was sentenced to imprisonment for two years and four months, confiscation, and 2,051,872,457, and the appeal (Seoul District Court 2017No1560) was filed, but the judgment dismissing the appeal was pronounced on September 1, 2017, and the above sentence became final and conclusive since no appeal was filed.

The collection preservation order was issued on November 7, 2016, which prohibits the disposal of the apartment in this case against B and the right holder in the name of Busan District Court No. 2016 early 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1, 5, and Eul evidence Nos. 1 and 5, assertion of the purport of the whole pleadings, and plaintiff's assertion that apartment of this case is owned by the plaintiff, execution based on the collection preservation order for Eul should be rejected.

Judgment

The term "property of the defendant" that can prohibit disposal by issuing an order of preservation for collection under Article 52 of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics, Etc., which is applied mutatis mutandis by Article 12 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, shall be the property actually reverted to the