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(영문) 창원지방법원통영지원 2016.04.21 2014가합730
점유회수 및 손해배상(기)
Text

1. The plaintiff's claim against the defendant (appointed party) and the appointed party is all dismissed.

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

Reasons

1. Basic facts

A. On April 26, 1984, the Plaintiff completed the registration of ownership transfer on the ground of sale with respect to D & D large scale 132 square meters (hereinafter “D land”). On the same day, the Plaintiff completed the registration of ownership transfer on the ground of sale, and completed the registration of ownership transfer on the ground of the block structure, strawle, roof, single-story housing, 46.15 square meters on the same day.

B. On September 28, 2006, an auction procedure for the sale of real estate (hereinafter “instant auction procedure”) was commenced on September 29, 201 with respect to each of the said real estate owned by the non-party corporation, the non-party corporation’s window construction of a 1,045 square meters and the 175 square meters in Tong-si, Si-si, Tong-si, which is adjacent to the instant land. In the said auction procedure, the Defendant was decided to permit the sale by the judicial assistant on September 29, 201.

On October 6, 2011, the Plaintiff filed an immediate appeal by asserting that the Plaintiff is the person holding possession of each of the above real estate. However, on November 11, 2011, the said court decided to authorize the said decision of permission for sale.

Therefore, the Plaintiff appealed with Changwon District Court 201Ra403, but the above court rejected the Plaintiff’s appeal on June 14, 2012 on the ground that the Plaintiff’s right to possess each of the above real estate was not recognized, and it cannot be seen as an interested party.

The Plaintiff re-appealed by Supreme Court Decision 2012Ma1063, but was dismissed on July 26, 2012.

C. After the Defendant paid the sales price in full during the instant voluntary auction procedure, the Defendant completed the registration of ownership transfer on October 18, 2012 with respect to the land size of 1,045 square meters and the land size of 175 square meters and the land area of 175 square meters and 175 square meters before Dong-si.

Since then, on December 11, 2012, Dong-si 1,045 square meters prior to C, Dong-si 1,045 square meters prior to E was merged into 1,220 square meters prior to Si-si, Dong-si, Dong-si (hereinafter “instant land”); and d, referred to as “each of the instant land”).

On February 12, 2013, the Defendant received a decision against the Plaintiff on the instant land G to the Changwon District Court G to deliver real estate, and the Plaintiff is the Changwon District Court.

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