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(영문) 인천지방법원 2018.07.10 2017가단225397
제3자이의
Text

1. On the basis of an order of preservation for collection issued by the Defendant on August 1, 2014, Incheon District Court against B, C, and D based on the order of preservation for collection issued by the Defendant on August 1, 2014.

Reasons

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by several persons, including the Plaintiff and E, and the registration of transfer was made to the Plaintiff on May 11, 2006 in accordance with the decision of recommendation for reconciliation in the case of partition of co-owned property which became final and conclusive in Suwon District Court 2005No3200.

B. However, the Defendant filed a claim for the preservation of the collection of the instant real estate, etc. with the Incheon District Court 2014B042 on August 1, 2014, on the ground that “The G responsible for F accidents borrowed the name of “E, etc. before the birth, and the instant real estate is presumed to be the borrowed property of G, and the Defendant inherited the said real estate by the suspect B, C, and D due to the death of G,” and the court accepted the said claim partially as to the 6/11 shares (the total inheritance shares of B, C, and D) of the instant real estate on August 1, 2014.

C. According to the decision on the preservation for collection on August 7, 2014, the registration of provisional seizure was entered as KRW 115,146,706,370 for shares of 6/11 of the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 5 and 13, and purport of the whole pleadings

2. The plaintiff's assertion first acquired the share ownership of the real estate of this case in 1974 prior to E, but became legally owned through the partition of co-owned property, so it is not related to G.

Therefore, the Incheon District Court 2014 early 2042 on the share of the real estate in this case is unreasonable.

3. The term "property of the defendant", which can be prohibited from disposal by issuing an order of preservation for collection under Article 52 of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics, Etc., which is applicable mutatis mutandis under Article 8 of the Act on Special Cases concerning the Confiscation and Restoration of Corruption Property, refers to the property which actually belongs to the defendant regardless of whose name the property belongs, and in order to regard a certain property as actual attributable to the defendant

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