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(영문) 인천지방법원 2015.03.17 2014가합9447
가압류회복등기
Text

1. The defendant shall accept the registration of the Incheon District Court and September 9, 2013 with respect to the real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff asserted that he/she had the loan claim amounting to KRW 7,071,700 against B, and filed an application for provisional seizure as to the real estate listed in B’s separate sheet (hereinafter “instant real estate”) owned by the Incheon District Court 2002Kadan29646 as the preserved right. On November 25, 2002, the above court rendered a provisional seizure order on the above application on November 25, 2002, and completed the registration of the Incheon District Court and the provisional seizure registration as the receipt of KRW 80073 on November 26, 2002.

(2) The provisional attachment order of this case is "the provisional attachment order of this case" and the provisional attachment registration of this case is "the provisional attachment registration of this case".

On April 9, 2003, the Plaintiff filed an application with the Incheon District Court for the payment order for the above loans and the delayed payment damages. On April 23, 2003, the above court issued a payment order stating that “B shall pay to the Plaintiff the amount of KRW 7,071,700 per annum 25% per annum from the day after the original copy of the payment order was served to the day of complete payment (hereinafter “instant payment order”). The above payment order was finalized on May 15, 2003.

C. However, on October 13, 2004, B transferred the ownership of the instant real estate to C. D.

C filed an application against the Plaintiff on October 9, 2012 for the revocation of the provisional attachment order of this case with the Incheon District Court 2012Kadan50650, and the said court revoked the provisional attachment order of this case on February 8, 2013 on the ground that the Plaintiff did not file a lawsuit on the merits five years after the completion of the provisional attachment execution of this case. According to the above revocation ruling, the registration of the Incheon District Court and the registration of cancellation of the provisional attachment registration of this case (hereinafter “registration of cancellation of provisional attachment of this case”) was completed on September 9, 2013 as the registration of the Incheon District Court and the registration of cancellation of provisional attachment of this case (hereinafter “registration of cancellation

E. Accordingly, the Plaintiff filed an immediate appeal against the ruling to revoke the provisional seizure as the Incheon District Court 2013Ra161, and the said court on April 2014.

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