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(영문) 인천지방법원 2019.01.11 2018가단11618
제3자이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Nonparty 6/21 shares, Nonparty O, P, and Q were co-owned by Nonparty 2, K, and N, respectively, and Nonparty 1/21 shares, respectively.

B. Since October 11, 2005 with respect to the above M Shares, the registration of transfer of shares was completed on the ground of inheritance due to the inheritance by a division of consultation on May 25, 2005 in the name of Nonparty H (12/84 shares), I (6/84 shares), J (6/84 shares) and J (6/84 shares).

C. On June 11, 2008, Non-party R received a provisional disposition prohibiting the disposal of real estate by the Incheon District Court 2008Kadan7221 with respect to each share of H, I, and J among the above L forest. On the same day, Non-party R received a provisional disposition prohibiting the disposal of real estate by the Incheon District Court 2008Kadan7222 with respect to the share of K among the above L forest land.

In addition, the above provisional disposition decision was registered on June 16, 2008. D.

On April 21, 2010, 6,574 square meters among the above Lan Forest 23,008 square meters was divided into the Nam-gu Incheon Metropolitan City S.

In addition, on June 7, 2010, the registration of the transfer of all co-owners' share in the common property as of May 26, 2010 was completed on June 7, 2010 with respect to the above S forest 6,574 square meters, and the land was owned by N alone.

E. On October 27, 2010, 2,204 square meters of forest land 6,574 square meters in the above S forest land was divided into the Nam-gu Incheon Metropolitan City T.

In addition, on December 10, 2013, the Plaintiffs completed the registration of transfer on the ground of inheritance on June 14, 2013 with respect to the land of 4,370 square meters (the real estate stated in paragraph (1) of the attached Table) and T forest of 2,204 square meters (the real estate stated in paragraph (2) of the attached Table) and T forest of 2,20

(Plaintiff A3/9 shares, and the remaining plaintiffs 2/9 shares). F. The network R died on August 4, 2014, and the Defendants are the successors of the network R.

[Reasons for Recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. The assertion and the judgment Plaintiffs filed a lawsuit of demurrer against the Defendants on the ground that each real estate listed in the separate sheet (hereinafter each of the instant real estate) is their own ownership.

However, the right which is the cause of a lawsuit of demurrer against a third party shall be capable of setting up against an executory creditor.

And the provisional injunction is also a measure of prohibition of disposition.

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