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(영문) 수원지방법원안산지원 2016.10.27 2016가합6504

제3자이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 21, 2016, the instant association entered into a real estate security trust agreement with the Plaintiff, designating the Hanjin Heavy Industries Co., Ltd. as the first beneficiary with respect to some of the households, including the instant real estate, among the Made-si C Apartment, as the first beneficiary, and on the same day, completed the registration of preservation of ownership as to each of the instant real estate by the Suwon District Court No. 9001.

On March 21, 2016, at the same time, the Plaintiff filed an application for registration of preservation, and filed an application for registration of trust in accordance with the above real estate security trust agreement with respect to each of the instant real estate with the Kuwon District Court, Ansan Branch, and the receipt number No. 10190 was granted. At the same time, the Plaintiff did not submit the certificate of registration under Article 3 of the Act on Special Measures for the Registration of Real Estate, which is a

On the other hand, the defendant filed a lawsuit against the association of this case (Seoul Northern District Court 201Gahap5954) to claim for the transfer money (Seoul Northern District Court 201Gahap5954), and the lawsuit was remanded to the appellate court on September 10, 2015 after the judgment of the Supreme Court was reversed and remanded, and the judgment of this case was finalized on October 1, 2015 by the judgment of this case that "the association of this case shall pay to the defendant 706,00,000 won and the amount calculated by the rate of 5% per annum from March 1, 2012 to September 10, 2015, and 20% per annum from the next day to the day of full payment (Seoul Northern District Court 2015Na16097, hereinafter "the judgment of this case").

On March 28, 2016, the Defendant applied for a compulsory auction on each of the instant real estate to Suwon District Court D based on the executory exemplification of the instant judgment on March 28, 2016.

On March 29, 2016, the said court rendered a ruling to commence compulsory auction, and entrusted the registration of compulsory auction of each of the instant real estate to the Ganwon District Court’s Gwangju District Court’s Gwangju District Branch Office, and on March 29, 2016, the said written request was accepted as the receipt number No. 111116 of the said registry.

The name registration office of Suwon District Court shall be the name registration office of the Suwon District Court.