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(영문) 대전지방법원 2017.05.11 2016가단213890
제3자이의
Text

1. On the basis of the executory order of the Daejeon District Court Decision 2016 tea416 against B, the Defendant is based on the executory order of payment order.

Reasons

1. Facts of recognition;

A. On June 29, 2015, the Plaintiff: (a) filed a provisional disposition on June 30, 2015 (hereinafter “instant provisional disposition”) with the Daejeon Family Court’s 2015 business group1063 on each of the real estate listed in the separate sheet (hereinafter “instant real estate”); and (b) completed the provisional disposition registration on June 30, 2015.

B. On January 12, 2016, the Plaintiff and B drafted a written agreement on the division of property, stating that “The Plaintiff shall pay KRW 70 million to B, and at the same time, B shall implement the procedure for the registration of ownership transfer of the instant real estate.”

C. On February 19, 2016, the Defendant: (a) obtained a ruling of provisional seizure of the instant real estate by Daejeon District Court 2016Kadan665 by taking the claim against B as the preserved right; and (b) completed the registration of provisional seizure on the same day.

Since then, on March 21, 2016, based on the executory payment order of Daejeon District Court 2016 Jeju District Court 201Na4416, the Defendant received a decision to commence compulsory auction of the instant real estate (hereinafter “instant compulsory execution”) from Daejeon District Court C on March 21, 2016, and the entry registration was completed on the same day.

E. On February 9, 2017, the Plaintiff filed a lawsuit claiming ownership transfer registration against B by this Court Decision 2016Da213432, and sentenced that “B shall implement the procedure for ownership transfer registration based on the agreement on property division on January 12, 2016 with respect to the instant real estate on the Plaintiff,” and the said judgment became final and conclusive on March 3, 2017.

F. According to the above judgment, on March 6, 2017, the registration of ownership transfer was completed in the name of the Plaintiff regarding the instant real estate.

G. In the litigation proceedings of the instant case No. 2016da213432, service by public notice was made for B.

B, on March 27, 2017, submitted a petition of appeal for the subsequent completion, but did not comply with the order of correction to pay the stamp, and this court ordered the rejection of B’s petition of appeal on April 11, 2017.

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