logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.10.04 2018가단40981
청구이의의 소
Text

1. The defendant's compulsory execution against B based on the payment order is denied by the Seoul Central District Court 201j.13657.

2...

Reasons

Attached Form

The facts in the cause of the claim and the fact that the plaintiff purchased shares in B among the real estate listed in the attached list and completed a share transfer registration. However, the defendant does not dispute between the parties that the compulsory auction procedure is being in progress upon the decision to commence a compulsory auction upon the provisional seizure made before the plaintiff purchased the above shares.

According to the above facts, B has the obligation to resolve provisional seizure, etc. conducted with respect to its shares sold to the Plaintiff and transfer its full rights to the Plaintiff, and the Plaintiff has the corresponding claim against B.

Therefore, in order to preserve the above claim against B, the Plaintiff may file an objection suit against the Defendant by subrogation.

Furthermore, according to the above facts of recognition, since all the defendant's rights to B based on the payment order of this case have ceased to exist, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

arrow