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(영문) 서울중앙지방법원 2012.12.20 2012가합58963
제3자이의
Text

1. The Defendant:

(a) has executive force over K with this Court 2009Kahap311 Real Estate Disposition Prohibition.

Reasons

1. Indication of claim;

A. The plaintiffs and K are owners of each household of NV, a multi-family housing in Seocho-gu Seoul Metropolitan Government, and the defendant is K's creditor.

B. The 18 owners of the collective housing that was originally located on the land of Seocho-gu Seoul, Seocho-gu, Seoul, agreed to remove it and construct a total of 19 households with one household added on the site, but the 18 owners of the collective housing additionally constructed shall be co-owned by the above owners. Accordingly, on April 4, 2003, the apartment housing (NG) was reconstructed upon obtaining a construction permit from the Seocho-gu office.

C. However, the Defendant, against K on May 19, 2008, received a provisional injunction against the disposal of real estate on the attached Form No. 2008Kahap311, which was added to the above, from K on March 10, 2009, by subrogation of K on March 10, 209, completed the preservation of ownership on the same day, and subsequently executed the provisional injunction No. 10706 on September 1, 2009.

On the other hand, the defendant applied for voluntary auction of real estate based on the registration of the establishment of the above neighboring real estate as stated in L of this court, and the compulsory execution was commenced on November 2, 201.

E. However, the real estate stated in the separate sheet is owned jointly by the plaintiffs according to the agreement at the time of reconstruction, and the plaintiffs, co-owners of the above real estate, seek to exclude provisional disposition execution and compulsory execution on the real estate stated in the separate sheet

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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