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1. The Plaintiff, Defendant D’s real estate stated in the “the part to be handed over” in the attached Form 3 list, and Defendant E shall be attached.
Reasons
1. Determination as to the claim against Defendant D, E, and F
(a) Article 208 (3) 2 of the Civil Procedure Act: Judgment based on the recommendation of confession;
(b)as set out in the Schedule A, E, and F, of the grounds for the attachment of the claim;
2. Determination as to claims against Defendant B and C
A. 1) The parties’ assertion 1) Defendant B and C’s assertion that Defendant B and C had already delivered real estate Nos. 1 and 2 of this case to the lessor from among the grounds for the Plaintiff’s claim attached hereto. 2) Defendant B and C did not occupy the lessor thereafter.
B. Comprehensively taking account of the respective descriptions and arguments stated in the evidence Nos. 4 through 6, the Plaintiff filed an application with Defendant B and C for the provisional injunction against the transfer of possession of the instant real estate Nos. 1 and 2, and received the provisional injunction against the transfer of possession on February 19, 2018, and ② the provisional injunction against the transfer of possession on March 8, 2018.
However, comprehensively taking account of the above evidence and the whole purport of evidence as well as evidence Nos. 1 and 2 (including additional numbers) and the argument, it can be acknowledged that ① there was no defendant B and C at the execution site at the time of execution of the provisional disposition prohibiting the transfer of possession, ② The representative director of G, the lessor of the first and second real estate of this case, G, the lessor of the first and second real estate of this case, prepared each of the confirmation documents stating that the first real estate of this case was delivered by the defendant C around January 2018, and that the second real estate of this case was delivered by the defendant C around February 2018. Accordingly, the provisional disposition prohibiting the transfer of possession of this case is likely to be executed after the defendant B and C delivered the first and second real estate of this case to G Co., Ltd., the provisional disposition prohibiting the transfer of possession of the above real estate of this case, and it is difficult to conclude that the previous recognition alone was executed with the execution of the order prohibiting the transfer of possession of the above real estate of this case.
at the time of execution of the decision of provisional action prohibiting the transfer of possession.