2010 Chicago 135 Suspension of Compulsory Execution

Ansan ○

Bupyeongcheon-si ○○○○ Dong 000 - 00000 apartment OO

O heading

Law Firm Name (Law Firm Name, Counsel for the plaintiff-appellant)

Attorney Park Han-hee, Justice Lee Jae-hee, Justice Lee Jae-hee, Justice Lee Dong-won, Justice Kim Jong-chul, Justice Kim Nam, Justice Kim Nam-chul, Counsel for defendant-appellant;

Park Heung, Kim Shin, Lee Do-young, Lee Jong-il, Park Jong-il, Park Jong-il, Park Jong-il

1. ○○;

Incheon ○○○○ Dong 00 - 00 - 00 OOO-dong OO-ho

2. This;

○○○○○○○○○○○○○○○○ - ○○

February 25, 2010

The motion of this case is dismissed.

With respect to each real estate listed in the separate sheet (hereinafter referred to as the "real estate of this case"), other than the applicant Kim ○.

of this title, the Respondent ○○ Incheon District Court 2009 Mata 62037 and the Incheon District Court of the Respondent

Any demotion by a certified copy of each decision with executory power over a compulsory auction case of real property No. 2009, 62891

Enforcement is a fraudulent act of the Incheon District Court 2008Gahap12077 between the applicant and the respondent ○○.

The Seoul High Court Decision 201048459 decided on the revocation case by the time it was sentenced.

shall be suspended.

The summary of the applicant’s application of this case is that the judgment of the Incheon District Court 2008Gahap120777 decided formally against the applicant in the Incheon District Court 2008Gahap120777 decided, and the registration of ownership transfer in the name of the applicant concerning the real estate of this case was cancelled and returned to the name of the non-applicant Kim○○○○○, the respondent, who is the obligee of Kim○○○, filed an application for compulsory auction and compulsory execution as stated in the purport of the application of this case based on the enforcement title against Kim○, is in progress. The above Incheon District Court 2008Gahap120777, Seoul High Court 2010Na8459, as for the revocation case of fraudulent act, was pending in the appellate court case of Seoul High Court 2010Na8459, the appeal court requested to suspend all the compulsory auction procedure of each case stated in the purport of the application of this

However, the case of compulsory sale by official auction stated in the purport of the application that the applicant is seeking suspension is only based on the executive title of the respondent, who is the obligee of Kim○-○, and the applicant is not a debtor. Thus, the applicant filed a subsequent appeal as to the case of revocation of fraudulent act, which is not a ground for seeking suspension of execution under Article 500(1) of the Civil Procedure Act with respect to compulsory execution based on the executive title of the separate respondent against Kim○-○, the separate respondent.

If so, it shall be decided as per Disposition by the applicant's rejection of the motion of this case.

The presiding judge and the assistant judge;

Judges Dokdae

Judges Cho Jae-chul