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(영문) 부산지방법원 2014.04.25 2012구합5993
부동산압류해제신청거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

B owned 1/2 of the real estate listed in the attached list (hereinafter “instant building”), and the Plaintiff’s grandchildren and C are the external third villages of the Plaintiff.

On August 27, 2003, the registration of transfer of ownership (hereinafter “the registration of transfer of ownership”) was made in the name of C on July 20, 2003 with respect to B’s share in the instant building, and thereafter the B died on September 22, 2003.

With respect to the above C’s share, ① the registration of seizure for reasons of seizure on August 2, 2006 (hereinafter “registration of seizure”) was completed on October 7, 2003, ① the maximum debt amount of KRW 450 million on March 7, 2003, ③ the registration of the establishment of a neighboring mutual savings bank, the debtor C, the mortgagee of the right to collateral security, and the Korea Mutual Savings Bank, the Korea Mutual Savings Bank, ② the registration of the establishment of a seizure for reasons of payment of national taxes (e.g., 5,314,9,000 in arrears) on August 4, 2006, and ③ the registration of the seizure was completed on March 6, 2007 under the name of Ssung (1/4 share) Co.,,, Ltd. (hereinafter “Sama”) on February 28, 2007.

On August 19, 2009, the Plaintiff asserted that the registration of transfer of ownership in this case was null and void, where C was made in a cresh manner that the health of B was aggravated, and that the Plaintiff received the share of the building in this case from B. On August 19, 2009, Busan District Court 2009Gadan97419, by subrogationing the inheritors of B, filed a lawsuit against B seeking implementation of the procedure for registration of cancellation of ownership transfer registration against B on December 22, 2010, and the above court made a decision of recommending reconciliation (hereinafter referred to as “decision of recommending reconciliation 1”). The decision became final and conclusive as is January 21, 2011.

Afterward, C shall implement the procedure for cancellation of ownership transfer registration to the heir B with respect to the remaining 1/4 shares omitted in the preceding civil procedure among the ownership transfer registration of this case.

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