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(영문) 인천지방법원 2018.11.27 2017가합61668
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 28, 2015, the Plaintiff entered into a real estate security trust agreement on land of 15,254 square meters in total including the goods listed in the attached list (hereinafter “instant development recompense land”) with the C Urban Development Project Association (hereinafter “instant association”), which is an implementer of the instant urban development project, and around that time, registered such fact in the management ledger of the land allotted by the authorities in recompense for development outlay of the instant association.

B. The Defendant filed a lawsuit against the instant association on the claim for loans of KRW 1,540,335,00 (the loans of KRW 2015 Gohap40 (the principal lawsuit), and damages of KRW 2015 Gohap59845 (Counterclaim))). The above court rendered a ruling accepting the Defendant’s claim on August 10, 2016. The appeal against the instant judgment was all dismissed, and the said judgment became final and conclusive on March 10, 2017.

C. On March 29, 2017, the Defendant received an order for seizure of land allotted by the authorities in recompense for development recompense for development recompense for the instant land based on the executory exemplification of the judgment regarding the above loan cases (Yancheon District Court 2017TTT 6200).

In addition, the Defendant applied for sale of special cash on the land allotted by the authorities in recompense for development outlay based on the seizure order above, and on May 31, 2017, ordered sale of the land allotted by the authorities in recompense for development recompense for development recompense for the instant case in lieu of the collection of the land allotted by the authorities in recompense for development recompense for development recompense for the instant case (Seoul District Court 2017TTT 8925).

(hereinafter “Compulsory Execution of this case”). [Ground of recognition] The fact that there is no dispute, entry in Gap evidence 1 through 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The assertion and judgment

A. Before the Plaintiff’s assertion attached the land allotted by the authorities in recompense of development outlay, the Plaintiff acquired the ownership of the land allotted by the authorities in recompense of development outlay, upon receiving the instant land from the instant association in trust and registering the instant land in the management ledger of the land allotted by the authorities in recompense of development outlay, and may oppose the said acquisition of rights against the third party. Thus, the land allotted by the authorities

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