제3자이의
1. The plaintiff's appeal and the conjunctive claim are all dismissed.
2. This Court.
1. Summary of the case;
A. A. A request for a provisional attachment registration with respect to the instant real estate was made in the name of C with respect to the registration of preservation of ownership in the name of Seoul, Gwanak-gu, Seoul, the second underground floor and the fourth apartment houses on the ground (hereinafter “instant apartment houses”) were newly constructed on September 2002. On September 23, 2008, under the Seoul Central District Court Decision 2008Kadan82833 on September 23, 2008, the creditors were not approved for the use of the instant real estate under the name of the Defendant, the debtor, the obligor, and the claim amount of KRW 80 million with respect to each real estate on the list of the attached real estate (hereinafter “instant real estate”) which is part of the instant apartment houses among the instant apartment houses (hereinafter “the instant provisional attachment decision”), and the provisional attachment decision was completed on September 26, 2008 following the above provisional attachment decision.
B. After completing and cancelling the registration of ownership transfer on October 1, 2008, the Defendant completed the registration of ownership transfer from C on September 29, 2008 on the instant real estate on the ground of sale on September 29, 2008. However, D (her husband of the Plaintiff) filed a lawsuit against the Defendant demanding the cancellation of ownership transfer registration against the Defendant under Seoul Central District Court Decision 2009Gahap59836, and the registration of ownership transfer in the name of the Defendant was cancelled on July 21, 201 as the judgment became final and conclusive.
C. On July 22, 2011, the Plaintiff received the ownership transfer registration from C on the ground that the instant real estate was sold on June 30, 2011.
The judgment C against the Defendant’s monetary claim against the Defendant was rendered on October 1, 2008 under the name of the Defendant as to the instant tenement (excluding the instant real estate) by Seoul Central District Court 2009Kahap114917.