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1. The Defendant is based on the executory exemplification of the payment order No. 2014 tea3955 against Nonparty C.
Reasons
1. Basic facts
A. On May 2, 1989, the Plaintiff completed the registration of ownership transfer with respect to 2,314 square meters (hereinafter “instant land”) before Samcheon-si, Samcheon District Court’s Samcheon District Court’s receipt of registration office No. 5382.
B. On September 1, 2005, the Plaintiff registered the title of the instant land to C, and the same year.
9.2. The registration of transfer of ownership (hereinafter “C ownership transfer”) was completed in the name of C as the receipt of the above registry office No. 11809.
C. From around 2010, the Plaintiff demanded C to return the instant land ownership.
However, C was deferred to the return of the ownership of the instant land, and on September 6, 201, the Plaintiff entered into a pre-sale agreement with C in the name of E, an ASEAN of the Plaintiff, and the same year.
9. 8. E. In the future, the registration of the right to claim ownership transfer has been completed regarding the land in this case.
Since then, on October 24, 2012, E, the Plaintiff, filed a suit for the principal registration based on provisional registration against C on the instant land by Youngcheon District Court’s Young-gu Branch 2012Kadan5648, and “the first lawsuit” against C.
In the process of the above lawsuit, C recognized that the land of this case was trusted by the Plaintiff, but argued that the land cannot be returned due to the provisional attachment authority, etc. of the land of this case.
Therefore, while the first litigation division made a compulsory adjustment decision with the following contents, C filed an objection against the said compulsory adjustment decision by asserting that it should return the instant land directly to the Plaintiff.
As to the instant land:
A. E and the Plaintiff (A) shall cancel the registration of provisional disposition No. 11986, which was received on Nov. 7, 2012, 2012, the registration of provisional attachment No. 8321, which was received on Jul. 30, 2012 (creditor Gangwon Credit Guarantee Foundation) and the registration of attachment No. 10285, which was received on Sept. 21, 2012, at their own expense.
B. C is the above A.
When the implementation of the paragraph is completed, the above registry office.