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(영문) 대구지방법원 2020.01.09 2019가합202515
제3자이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. Plaintiff’s real estate acquisition 1) On January 25, 2010, the Plaintiff entered into a sales contract with C to the effect that “C sells real estate listed in [Attachment List No. 1] to the Plaintiff at KRW 372 million,” and completed the registration of ownership transfer on February 2, 2010. (2) The Plaintiff entered into a sales contract with D on August 24, 2007, stating that “D sells real estate listed in [Attachment List No. 2] to the Plaintiff,” and completed the registration of ownership transfer on October 12, 2007.

3) The Plaintiff completed the registration of transfer of ownership on March 8, 2005 with respect to 1/2 of the real estate listed in the separate sheet Nos. 3 as to the 1/2 of the real estate listed in the separate sheet No. 3 on the ground of sale by compulsory auction on February 28, 2005. In addition, on March 3, 2009, the Plaintiff entered into a sales contract with E that “E sells the remainder of 1/2 of the real estate listed in the separate sheet No. 3 to the Plaintiff at KRW 15 million,” and completed the registration of transfer of ownership on March 6, 2009, between F and F Co., Ltd. and the Plaintiff on July 5, 2005, the Plaintiff completed the registration of transfer of ownership on July 14, 2005.”

In addition, on July 27, 2005, the Plaintiff completed the registration of ownership transfer on August 11, 2005 due to the division of common property on July 27, 2005 with respect to the remaining co-owners' shares among the real property listed in the attached list

(Attachment List hereinafter referred to as "each of the instant real estates"). (b)

(1) On November 15, 2016, the Plaintiff was indicted due to violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment, etc., and on November 15, 2016, the first instance court (Tgu District Court 2016Kadan1920), “Plaintiff” was owned by G with B, etc. at the same time as an illegal multi-level receiver, which was established by G, around October 2008.

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