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(영문) 인천지방법원 2018.10.23 2017가단225410
제3자이의
Text

1. The Defendant’s order of preservation for collection before prosecution of Nonparty B, C, and D by the Incheon District Court 2014 early 1941.

Reasons

1. Basic facts

A. In Ansan-si, E Forest land E, 4,344 square meters (hereinafter “instant real estate”) were jointly owned by the Plaintiff and five other parties, but a decision of recommending reconciliation was finalized against F, etc. to the effect that the instant real estate ought to be owned by the Plaintiff in the case involving a partition of co-owned property, which was instituted by the Plaintiff as Suwon District Court No. 2005No3200.

Accordingly, on May 11, 2006, the Plaintiff completed the registration of ownership transfer based on the partition of co-owned property on February 15, 2006 on the whole real property of this case.

B. Meanwhile, on the other hand, prior to the prosecution of B, H, D, and network I on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the prosecutor claimed that the instant real estate registered in the name of the Plaintiff was owned by the said B, etc. in substance, and filed a claim for the preservation of the collection of the said real estate under the Incheon District Court’s District Court Order 2014 early 18, 2014, based on Article 8 of the Act on Special Cases Concerning the Confiscation and Recovery of Decomposed Property, Articles 52(1) and 53(1) of the Act on Special Cases Concerning the Prevention of Illegal Trafficking in Narcotics, Etc. (hereinafter “instant order”).

C. On July 23, 2014, the Defendant completed the registration of provisional seizure on the instant real estate in accordance with the instant order.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, and 4 through 13, and the purport of the whole pleadings]

2. Determination

A. “The Defendant’s property” that can be prohibited from disposal by issuing an order of preservation for collection as stipulated in Article 52 of the former Act on Special Cases Concerning the Prevention of Illegal Trafficking in Narcotics, Etc. (amended by Act No. 9809, Nov. 2, 2009) that is applied mutatis mutandis by Article 12 of the Act on Regulation and Punishment of Criminal Proceeds Concealment refers to the property that actually belongs to the Defendant regardless of in whose name the property it belongs.

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