logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원남원지원 2015.08.12 2015가단1391
제3자이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 23, 2002, Defendant National Agricultural Cooperative Federation received a payment order against B, etc. to the effect that “B shall pay 43,409,764 won jointly and severally with C and delay damages for KRW 42,646,74 out of them,” and the payment order was finalized around that time.

B. On May 30, 2003, the Defendant Seoul Guarantee Insurance Co., Ltd. was sentenced on May 30, 2003 to “B shall pay KRW 120,742,170 jointly with C, D, and E, and delay damages therefrom” against B, etc. The judgment became final and conclusive around that time.

C. B, on July 4, 2006, completed the registration of ownership transfer on the ground of inheritance on October 23, 2000, with respect to the 1/2 shares (including the first B3/10 shares, C2/10 shares, but it was corrected that B was transferred due to the error in application on September 24, 2008) among each real estate listed in the separate sheet (hereinafter “instant real estate”).

On July 22, 2008, Defendant Seoul Guarantee Insurance Co., Ltd. in Jeonju District Court Southern Branch F case.

On July 23, 2008, according to the judgment stated in Paragraph B, a compulsory decision to commence the auction was rendered on the share of B B 1/2 among the instant real property, and the entry registration of the decision to commence the auction was made on July 23,

E. Defendant Agricultural Cooperative Federation on October 29, 2008

On the same day, the compulsory decision on the commencement of auction was made on the one-half portion of the instant real estate owned B on the basis of the payment order stated in Paragraph B, and the entry registration was made on the same day.

On the other hand, Jeonju District Court Southern District Court G case D.

The former District Court rendered a decision on October 16, 2009 to incorporate the case into the Southern District Court's branch court's assistanceF case.

(hereinafter referred to as “instant compulsory execution.” F. B died on February 14, 2009, and H, D, I, and C (Share 1/4 of each inherited portion) as its inheritor on August 24, 2012.

arrow