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(영문) 부산지방법원 2019.11.29 2019재구합20025
증서진부확인의 소 등
Text

1. The quasi-examination of this case shall be dismissed.

2. The costs of quasi-examination shall be borne by the plaintiff.

Reasons

Basic Facts

B on August 27, 2015, Busan District Court 2015Kadan20615 (hereinafter referred to as “instant provisional disposition”) filed an application for temporary injunction against the transfer of real estate possession on the real estate indicated in the attached Form (hereinafter referred to as “instant application for provisional disposition”) with respect to the right to claim the transfer of land and the collection of the above ground upon the termination of the lease contract against C as the preserved right.

On September 1, 2015, the above court accepted the application for provisional disposition of this case filed on September 1, 2015, and rendered a decision prohibiting the transfer of real estate possession (hereinafter “decision subject to review of this case”) as follows.

The debtor (C) shall be released from possession of the real estate stated in the attached Form and deliver it to the execution officer entrusted by the creditor (B).

Enforcement officers shall have the debtor (C) use them on the condition that they do not change the current state.

The obligor (C) shall not transfer his possession to another person or change his title of possession.

An execution officer shall publicly notify the purport of the said order in an adequate manner.

On October 16, 2019, the Plaintiff (hereinafter “Plaintiff”) filed a lawsuit against the Defendant (hereinafter “Defendant”) with the Busan District Court 2019Guhap24252, Busan District Court 2019Guhap24252 on October 16, 2019. On October 21, 2019, the said court cultivated the instant case to the Busan District Court civil agreement division, and the said case was continued to have been 2019Gahap4997, Busan District Court 2019. On November 12, 2019, the said court was cultivated again to the Busan District Court civil single division, and the said case is currently pending in the lawsuit by Busan District Court 2019Ga338591.

【In the absence of dispute, there is no ground for recognition, Gap No. 13, Gap No. 16's each entry (including numbers; hereinafter the same shall apply), the purport of the whole pleadings, the purport of the plaintiff's assertion, and the summary of the plaintiff's assertion, the defendant Republic of Korea made a decision subject to reexamination of this case for B solely on the evidence submitted by Eul, and the defendant.

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