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1. The Defendant’s execution of the provisional seizure of real estate against the Seoul Central District Court 2014Kadan805240 dated July 4, 2014.
Reasons
1. Basic facts
A. On June 23, 2014, the Plaintiff entered into a sales contract with B to purchase the real estate listed in the separate sheet (hereinafter “instant real estate”) for KRW 150,00,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer from B on the ground of the said sales contract on July 1, 2014.
B. On July 4, 2014, the Defendant received a decision of provisional seizure (Seoul Central District Court 2014Kadan805240, hereinafter the above provisional seizure) against B as the claimed amount of KRW 200,000,000 on the instant real estate (Seoul Central District Court 2014Kadan805240, hereinafter the above provisional seizure) and completed the registration of Jeju District Court and the registration of provisional seizure by heading 57475.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 6 (including paper numbers), the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the plaintiff is presumed to be a legitimate owner of the real estate of this case according to the entry of the certificate of registered matters, so the execution of provisional seizure of this case shall not be permitted as being conducted on the real estate owned by
On the other hand, the Defendant was the head of the C Passenger Ship that was sunken on April 16, 2014, and was detained on April 22, 2014. The instant sales contract was concluded under the custody of B, and the ownership transfer registration was completed only seven days after the conclusion of the instant sales contract, and the instant sales contract was concluded under the supervision of B. Thus, the Defendant asserts that the actual owner of the instant apartment is B.
However, according to the above facts and evidence Nos. 2 through 5 (including the branch number), the Plaintiff entered into the instant sales contract with D as a broker of a licensed real estate agent between B and D on June 23, 2014. The Plaintiff paid the down payment of KRW 2,00,000 on the day of the instant sales contract, and the remaining down payment of KRW 13,00,000 on the following day, and thereafter paid KRW 135,000,000 on July 4, 2014.