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(영문) 서울중앙지방법원 2017.10.20 2016가단5179699
집행문부여에 대한 이의의 소
Text

1. On July 5, 2016, the Seoul Central District Court issued an order to deliver F real estate to the Defendants E.

Reasons

1. Basic facts

A. The Plaintiff’s new apartment construction work 1) On April 2005, the Plaintiff is a sectional apartment building of 12 households on the ground of the Seocho-gu Seoul Metropolitan Government I and 3 lots (hereinafter “the instant apartment building”). The Plaintiff is a sectional apartment building of 12 households on the ground of the building owner H and 11 persons.

(2) Around July 2006, the Plaintiff completed the new construction of the instant apartment, and the registration of ownership transfer was completed under the name of K on July 28, 2006 with respect to the real estate listed in the separate sheet (hereinafter “instant apartmentJ”) among the instant apartment, and the registration of ownership transfer was completed under L on August 13, 2008 under the name of L on July 28, 2008.

B. On June 1, 2010, E’s possession of the instant apartment Jho Lake filed a move-in report on June 1, 2010, and resided in the instant apartment from that time, and on January 3, 2012, M, N, O and P, the spouse of E, filed a move-in report on the instant apartment in sequence, and resided in the instant apartment along with E.

C. On December 23, 2014, with respect to the instant apartment J, the instant auction procedure commenced and elapsed 1) the voluntary auction procedure to Qua of the Seoul Central District Court on December 23, 2014 (hereinafter “instant auction procedure”).

2) On January 12, 2015, the enforcement officer who investigated the present status of the apartment J-ho and the possession relation of the instant apartment at the instant auction procedure submitted a survey document stating that the lessee’s family is living in the instant apartment J-ho, after having interviewed with his father on January 12, 2015.

On November 26, 2015, the Plaintiff reported the lien that the Plaintiff occupied the apartment house J of this case in order to exercise the lien against the construction cost of KRW 1,391,341,164 and the damages for delay as the secured claim.

E. The Defendants acquiring the instant apartment ownership by the Defendants, on May 16, 2016, jointly purchased the instant apartment J head and owned the said apartment at the instant auction procedure.

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