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(영문) 대전지방법원천안지원 2015.04.14 2014가단111739
가압류말소
Text

1. The Defendants, on June 25, 199, filed with the Plaintiff, the Daejeon District Court of Daejeon District on the building attached to the Plaintiff.

Reasons

1. The following facts can be acknowledged based on the overall purport of the pleadings between the Plaintiff and the Defendant National Agricultural Cooperative Federation, based on the following facts: Gap evidence Nos. 1 and 4, and evidence Nos. 5-1 and 2; the above Defendant is deemed to have led to confession pursuant to Article 150 of the Civil Procedure Act between the Plaintiff and the Defendant Agricultural Cooperative Federation.

A. In around 1973, the Plaintiff clan newly constructed a building listed in the annexed sheet (hereinafter “instant building”) in order to use it as a memorial angle on the ground of 1,039 square meters on the land owned by it.

Plaintiff

When C, as a clan member, was in charge of managing the building and the grave of this case, C had been residing in the building of this case, it completed the registration of ownership preservation (hereinafter referred to as the “registration of ownership preservation”) in his name by the Daejeon District Court, the Masan Branch of the Daejeon District Court, No. 21421, Jun. 25, 1999.

B. In order to preserve C’s claim amounting to KRW 33,123,072 on September 1, 2001, as the Daejeon District Court Branch Decision 2001Kadan5707 on September 1, 2001, the Defendant Ansan Branch Office of Daejeon District Court was issued a provisional attachment order on the instant building. Accordingly, the provisional attachment registration was completed as of September 4, 2001, as of the Asan Branch Office of the Daejeon District Court’s Nasan Branch Office of 29831.

C. The Defendant National Agricultural Cooperative Federation received a provisional attachment order on June 5, 2002 as the Daejeon District Court Branch 2002Kadan3168 on the instant building on June 5, 2002 in order to preserve C’s claim amounting to KRW 22,181,105. Accordingly, the provisional attachment registration was completed on June 7, 2002 as the Asan Branch Office of Daejeon District Court’s Dosan Branch Office, which received on June 7, 2002.

Plaintiff

A clan filed a claim suit against the Daejeon District Court's Daejeon District Court's 2009Gadan22378 and the name of the building as the defendant.

The above court held that the building of this case is owned by the plaintiff clan, and C completes the registration of the preservation of ownership of this case without permission, and on the premise that it is null and void, "C" is the plaintiff.

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