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(영문) 창원지방법원 2016.08.23 2016가단4474
청구이의
Text

1. The plaintiff's lawsuit of this case against the defendants is dismissed.

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

Reasons

1. Basic facts

A. On January 14, 200, with respect to the Plaintiff’s co-ownership of 1304/2321m2 of the amount of late rent claim 20,840,000 square meters in Busan Gangseo-gu, Gangseo-gu, Busan (hereinafter “the network”) filed an application for provisional attachment against the Plaintiff of real estate at the Busan District Court 200Kadan1467, and the above court accepted the above application on January 17, 200, and decided the provisional attachment (hereinafter “the provisional attachment of this case”), and the provisional attachment registration was completed on January 20, 200.

B. On January 17, 2000, the Deceased filed a civil suit against the Plaintiff seeking delivery of land, which is the principal lawsuit of the instant provisional attachment decision, and the court of first instance on June 2, 2000, the Defendant (the Plaintiff of this case) was jointly and severally with H to the Plaintiff (the deceased) as of January 26, 200 and the same year from January 26, 2000.

6.2. A judgment was rendered on June 30, 200 with a view to 5% per annum and 25% per annum from the next day to the day of full payment. The above judgment was finalized on June 30, 200.

The judgment of this case is referred to as "the judgment of this case"

C. On February 14, 2014, 201, Busan Gangseo-gu Busan Metropolitan City G field 2321 square meters prior to the division, the “one real estate” is deemed to be “one real estate with the Busan Gangseo-gu G field 1017 square meters or less”

and the real estate listed in the separate sheet (hereinafter referred to as "real estate 2").

(E) The first real estate was partitioned as co-owned property, and the second real estate was acquired by the Plaintiff respectively. D. The deceased died, and the co-inheritors have the Defendant B (the inheritance shares 3/9), the Defendant C (the inheritance shares 2/9), the Defendant D (the inheritance shares 2/9), and the Defendant E (the inheritance shares 2/9) who is the spouse. E. The deceased was partly winning in the relevant judgment and did not enforce compulsory execution. After the deceased’s death, the Defendants filed an application for compulsory auction on the second real estate with an execution clause succeeded to the related judgment on November 26, 2015. The compulsory auction was made on December 22 of the same year, and the provisional attachment was completed (the Busan District Court J and the registration on the same day was completed).

(f).

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