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(영문) 서울서부지방법원 2013.09.06 2013가단18168
청구이의
Text

1. The plaintiff's claim is dismissed.

2. With respect to the case for which this Court applies for a stay of compulsory execution 2013 Chicago865, May 14, 2013.

Reasons

1. The three-story multi-household housing located in Mapo-gu Seoul Metropolitan Government (hereinafter “instant real estate”) with real estate listed in the attached list of basic facts (hereinafter “instant real estate”) consists of two households each from underground floors to the second floor, and the third floor are composed of seven households per household.

On November 9, 2011, the Defendant was decided to permit the sale of the instant real estate as the highest price buyer by the execution court in the Seoul Western District Court E Voluntary Auction case of the instant real estate (hereinafter “instant voluntary Auction case”).

Therefore, the plaintiff filed an objection against the above decision of permission for sale on the ground that he is the owner of the real estate in this case, but the court of execution authorized the above decision of permission for sale on November 24, 201.

In other words, the Plaintiff filed an immediate appeal against the order to grant permission for sale as Seoul Western District Court 201Ra224, but on September 21, 2012, the appellate court dismissed the Plaintiff’s immediate appeal on the ground that the Plaintiff’s ownership, etc. of the instant real estate cannot be recognized, and that the Plaintiff does not fall under any of the interested parties prescribed in the subparagraphs of Article 90 of the Civil Execution Act, and the reappeal was dismissed by the Supreme Court on January 18, 2013.

On March 14, 2013, the Defendant paid in full the sale price of the instant real estate to the executing court, and the registration of ownership transfer was completed on March 20, 2013 by Seoul Western District Court No. 11014, which was received on March 20, 2013.

On April 16, 2013, the Defendant filed an order to deliver the instant real estate with the Seoul Western District Court C, and received a decision of acceptance from the execution court on April 16, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 2-2, Gap evidence 7, Eul evidence 4-8, the purport of the whole pleadings

2. Determination as to the cause of the Plaintiff’s claim

A. On June 2002, the Plaintiff asserted that the Plaintiff is on the left side of the entrance of the underground floor (hereinafter “multi-household housing”) among the above multi-household housing (hereinafter “multi-household housing”) (based on the visible direction when entering the entrance).

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