beta
(영문) 창원지방법원진주지원 2020.03.17 2019가단34806

제3자이의의 소

Text

1. In the instant lawsuit, there is no compulsory execution against C, D, and E’s 1/9 shares of each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff, along with the deceased F (hereinafter “the deceased”), established an I Hospital from around 2000 with her husband’s net F (hereinafter “the instant hospital”). The deceased, while holding the hospital head and the director of the division division at the instant hospital as the head of the administrative director and the head of the division, was in office, the Defendant jointly operated the instant hospital, and the deceased was in charge of external duties as the head of the instant hospital.

B. On February 23, 2016, the Plaintiff divorced from the Deceased. On March 2, 2016, the Deceased completed a marriage report with H on March 2, 2016, and died on September 15, 2016 after the Deceased became a legally married couple. The Deceased’s heir is H, children, C, D, and E.

C. On December 2, 2004, the Deceased entered into a sales contract with J on December 2, 2004, to purchase three real estate, including 577.9m2 and 450 million won, and completed the registration of ownership transfer on December 15, 2004.

On September 1, 2008, part of the above K’s land (155.2 square meters) was partitioned into Ma on March 6, 2007 into Ma on September 6, 2007, but the registration of subdivision was cancelled on March 6, 2007 due to the mistake of subdivision registration on September 1, 2008, and was again subdivided into Macheon-si on the same day.

Attached Form

The land listed in Paragraph 1 of the List (hereinafter “instant land”) was divided into the land, and the deceased completed the registration of initial ownership on March 5, 2008 as to the building listed in Paragraph 2 of the attached Table (hereinafter “instant building”) newly constructed on the ground of the instant land on March 5, 208.

On July 18, 2017, the Plaintiff received a provisional disposition against the deceased’s heir as to prohibition of disposal of one-half shares (H 1/6 shares, C, D, and E 1/9 shares) of the instant real estate, on the ground that the right to claim the transfer of ownership based on the termination of the title trust agreement was a preserved right, and received a provisional disposition against the deceased’s heir.

(2) On July 27, 2017, the Plaintiff issued a provisional disposition of this case by subrogation of the deceased’s heir on July 27, 2017, and H out of the instant real estate.