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(영문) 부산지방법원 2016.05.11 2015나45373
제3자이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On October 28, 1993, the Defendant received a decision of provisional seizure of real estate by Busan District Court 93Kahap4169 as to the real estate listed in the separate sheet owned by Daejin Construction Co., Ltd. (hereinafter “Largejin Construction”) (hereinafter “the instant real estate”), and on November 2, 1993, registered provisional seizure of the instant real estate.

B. On February 29, 1992, the Plaintiff entered into a sales contract on the instant real estate with the Jinjin business, and on November 22, 1993, the Plaintiff completed the registration of ownership transfer for the instant real estate on the grounds of the said sale.

C. The defendant filed a lawsuit against Jinjin with Busan District Court 98Da5627 claim. On January 26, 1999, the above court rendered 621,419,863 won and 616,419,863 won among them, shall be 11.5% per annum from July 21, 1993 to August 19, 193; 17% per annum from August 20, 1993 to October 15, 1995 to 19.18% per annum from October 16, 195 to December 31, 1997; 18% per annum from September 19, 198 to 19.3% per annum from September 19, 195 to 199; and 19% per annum from September 19, 198 to 209; and 19.3% per annum from September 19, 2009 to 193.

In order to extend the prescription period of the above claim for reimbursement, the defendant filed a lawsuit claiming reimbursement amounting to Busan District Court 2008Kadan146130, and the above court rendered a favorable judgment on June 10, 2009, and the above judgment became final and conclusive as it is.

E. On May 27, 2014, the Defendant applied for a compulsory auction of the instant real estate owned by the Plaintiff to the Ulsan District Court B, based on the executory exemplification of the above judgment regarding the Grand Construction. The said court accepted the Defendant’s application and rendered a decision to commence compulsory auction of the instant real estate on May 28, 2014.

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