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(영문) 대구지방법원영덕지원 2017.08.22 2017가단433
제3자이의
Text

1. The plaintiff's claim is dismissed.

2. On March 23, 2017, this Court has issued an application for the suspension of compulsory execution against 2017 Chicago3.

Reasons

1. Basic facts

A. On July 22, 2011, the Plaintiff agreed to title trust the land listed in the separate sheet (hereinafter “instant land”) to C (B prior to the opening of the name), and completed the registration of title transfer in C based on the purchase and sale as of July 15, 201, the Ulsan District Court received from the Ulsan District Court No. 6937, Ulsan District Court’s receipt of the Ulsan District Court’s receipt of registration office as to the instant land.

B. C completed the registration of transfer of ownership in the name of E, which was based on sale as of January 26, 2015, under Article 992 of the above registry office’s receipt of the instant land on January 27, 2015.

C. On January 27, 2016, E completed the registration of ownership transfer in the name of C, which was based on sale on January 22, 2016, under Article 864 of the above registry office’s receipt of the instant land.

C In the process of confirming the intention of divorce between the Daejeon Family Court's 2015 Collaborative Family Court's 220, the agreement was reached between B and B to pay KRW 1 million per month by the day before the date when F reached the age of majority.

E. C prepared each notarial deed for the obligations of the Daejeon District Prosecutors' Office No. 17, 35 million won in relation to the obligations of the Daejeon District Prosecutors' Office No. 18, with regard to the obligations of the three million won in the same branch office No. 19, the same branch office No. 1997, 234.

F. B, on July 20, 2016, based on the above child support charge protocol and each of the above notarial deeds, the Daegu District Court rendered a decision of compulsory commencement of compulsory sale of the instant land as the Yeongdeungpo-gu District Court Youngdong Branch G.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1, 4 through 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion was title trusted to C with the instant land.

C arbitrarily completed the registration of transfer of title in the name of E with respect to the instant land, and E has completed the registration of transfer of title in the name of C for the instant land.

The plaintiff filed a lawsuit against C and E seeking the implementation of the procedure for cancellation registration of each transfer of ownership.

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