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(영문) 인천지방법원 2016.06.17 2015가합4968
승낙의 의사표시이행
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. As to each real estate listed in attached Tables 8, 11, 12, 13, 15, and 16 (hereinafter referred to as “real estate” in attached Tables 8, 11, 12, 13, 15, and 16), C and D jointly owned 1/2 shares on January 21, 2013, and each registration of preservation of ownership has been completed.

B. The Defendant Republic of Korea completed the registration of equity seizure on August 20, 2014 on the ground of the attachment as of August 19, 2014 on attached Table 8, 11, 12, 13, 15, and 16 real estate, and completed the registration of equity seizure on September 24, 2014 on the ground of the attachment as of September 24, 2014.

C. E completed the registration of the claim for transfer on June 28, 2013 as the receipt of No. 54807 on June 28, 2013, with respect to each part (total equity 2/6) of the shares (total equity 2/6) in Annex C and D’s shares in Annex D’s attached real estate as the basis of a trade promise made on June 28, 2013.

F made a registration of the claim for transfer on June 28, 2013 under the receipt No. 54807-1 on June 28, 2013 with respect to each part (total equity 2/6) of the shares (total equity 2/6) in attached Form C and D with respect to real estate in attached Form 8.

G on June 28, 2013, with respect to each part (total equity 2/6) of the shares (total equity 2/6) in attached Form C and D with respect to real estate in attached Form 8, G registered the right to claim transfer as the receipt No. 54807-2 on June 28, 2013.

Defendant A completed the registration of the provisional claim for transfer as prescribed by Article 54802 of the receipt on June 28, 2013 on the ground of a pre-sale agreement made on June 28, 2013 with respect to the entire shares of Annex A 11, 12, and 13, as to the entire shares of Annex A and D, and Defendant A completed the registration of the provisional claim for transfer on the ground of the pre-sale agreement made on June 28, 2013. Defendant A completed the registration of the establishment of the provisional claim for transfer on the ground of the contract made on June 28, 2013 on the real estate of Annex 11, 12, and 13, as to June 28, 2013, with the maximum claim amount of KRW 260 million, the debtor C, D, and the mortgagee A as Defendant A.

E. Defendant B: (a) on June 28, 2013, as to all equity shares in Appendix 15 and 16, the entire equity shares in Annex C and D.

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