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(영문) 인천지방법원 2019.08.29 2019가합52347

제3자이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D, on November 6, 2003, completed the registration of ownership transfer with respect to the real estate listed in paragraph (1) of the Attached List, the registration of ownership preservation with respect to the real estate listed in Paragraph (2) of the Attached List on March 27, 2015, and the registration of ownership preservation with respect to the real estate listed in Paragraph (3) of the Attached List on August 4, 2006, respectively.

(hereinafter referred to as “each of the instant real estates” in the separate sheet

E, the mortgagee of the instant real estate, applied for a voluntary auction on each of the instant real estate, and received a decision to commence voluntary auction on July 2, 2017 from the Incheon District CourtF (hereinafter “Seoul District Court”), and G, the mortgagee of the instant real estate, also applied for a voluntary auction on each of the instant real estate and received a decision to commence voluntary auction on February 12, 2018 (including the registration of the voluntary auction on each of the instant real estate) (the registration of the decision to commence voluntary auction was completed on February 13, 2018). The I Association, the mortgagee of the instant real estate, filed an application for a voluntary auction on each of the instant real estate and received a decision to commence voluntary auction on April 23, 2018 (the registration of the decision to commence voluntary auction was completed on February 13, 2018).

On the same day, the registration of the decision on voluntary commencement of auction was made. The auction procedure based on each of the above decisions on voluntary commencement of auction was referred to as “instant auction procedure.”

On September 3, 2018, the Plaintiff asserted that he/she has a claim for construction price of KRW 2.02,920,000 against D, and reported a lien on each real estate listed in the attached Tables 2 and 3.

The Defendant completed the registration of ownership transfer on the ground of “sale due to voluntary auction on November 30, 2018,” as to each of the instant real estate on December 5, 2018, by obtaining a successful bid of each of the instant real estate and paying the purchase price in full at the instant auction procedure.”

E. The defendant is ordered to deliver real estate to the Incheon District Court against the plaintiff, K, and L.