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(영문) 울산지방법원 2020.11.25 2020가단5364
제3자이의
Text

All of the plaintiff's claims against the defendants are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On June 2, 2017, D received the Ulsan District Court 2017Kadan1471 Provisional Disposition Order with regard to the right to claim ownership transfer registration against C with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) as preserved right, and upon the entrustment of the provisional disposition registration, registration of ownership transfer was completed in C’s name as to the instant real estate on the same day.

B. On October 23, 2017, Defendant Republic of Korea completed the attachment registration of the instant real estate under the Ulsan District Court’s receipt of the same day as the Ulsan District Court’s receipt of the same date on October 23, 2017, and Defendant B filed an application against Defendant C for provisional attachment of KRW 168,000,000 with respect to the instant real estate as the Daegu District Court’s 201Kadan32951, and completed the provisional attachment registration on the same day upon receipt of the provisional attachment order on November 3, 2017.

C.1) Meanwhile, on September 1, 2016, the Plaintiff filed a lawsuit against C, etc. to perform the procedure for change of the name of the owner of the instant real estate, and rendered a judgment on September 1, 2016, “C shall perform the procedure for change of the name of the owner based on the agreement on January 19, 2015 with respect to the instant real estate (Ulsan District Court 2015 Gohap1433 (main lawsuit), 2016Gahap734 (Counterclaim)), and the said judgment became final and conclusive on July 18, 2017, the Plaintiff filed a lawsuit against C, etc. to file a claim for change of the ownership registration with the Ulsan District Court 2018Kadan52091, and completed the registration of the ownership transfer on the instant real estate under the name of the Plaintiff on November 13, 2018.”

[Ground for Recognition: Facts without dispute, entries in Gap 1 through 4 (including paper numbers), the purport of the whole pleadings]

2. The assertion and judgment

A. As to the real estate of this case by the Plaintiff, the Plaintiff is a creditor of C during the lawsuit of change of the owner’s name between the Plaintiff and C.

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