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(영문) 춘천지방법원 2014.12.24 2014가단4807
청구이의
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. Cases in which this Court applies for the suspension of enforcement.

Reasons

1. The following facts may be found either in dispute between the parties or in Gap evidence 3-1, 2, 4, 5-1, 5-1, 1-2, 2-1, 2-1, 2-2, 2-1, 2-4, 2-1, 2-1, and 4, respectively.

The Plaintiff’s mother, C, on September 5, 2002, completed the registration of ownership transfer with respect to the real estate listed in attached Form 1 (hereinafter “instant real estate”).

B. C on August 16, 2005, completed the registration of the establishment of a mortgage in the vicinity of the Chuncheon Steel Livestock Cooperative, the creditor, the creditor, the maximum debt amount of KRW 130,000,000,000.

C. The Chuncheon Steel Livestock Cooperatives filed an application for voluntary auction on the instant real estate with the Chuncheon District Court D, and proceeds from voluntary auction.

Meanwhile, on September 6, 2002, the Plaintiff entered into a lease agreement under which the third floor of the instant real estate is leased as KRW 20 million from C, and the fixed date is affixed on January 2, 2010.

In addition, the plaintiff paid expenses such as the attached list No. 2 and submitted a lien report and a demand for distribution to an auction court on the ground that there is a lien equivalent to the money.

E. The Defendant acquired ownership on July 19, 2013 after receiving a successful bid of the instant real estate in the said voluntary auction procedure.

F. The Defendant filed an application with the Plaintiff for the issuance of the F Real Estate Transfer Order against E, who is his/her father and wife, and this court ordered E to deliver the instant real estate on October 23, 2013, but dismissed the Defendant’s application against the Plaintiff.

Accordingly, the Defendant appealed with this Court No. 2013Ra227, and on April 23, 2014, the said appellate court issued a decision that “the first instance court revoked the decision, and the Plaintiff handed over the instant real estate to the Defendant.”

The Plaintiff re-appealed by Supreme Court Decision 2014Ma825, and on June 10, 2014, the Plaintiff’s re-appeal was dismissed.

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