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(영문) 수원지방법원여주지원 2016.06.14 2015가단23286
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 10, 2010, the Plaintiff entered into a sales contract with the content that he/she purchases KRW 22,000,000,000,000, out of KRW 7223 square meters of G forest land in Gyeyang-gun, Gyeonggi-do prior to the partition owned by B on December 10, 201. On February 28, 2011, the Plaintiff completed the registration of ownership transfer with respect to the said shares. (2) On November 22, 2011, G forest land in Gyeyang-gun, Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, Gyeonggi-do, which was divided into KRW 7183 square meters of G forest and H forest and KRW 40 square meters (hereinafter referred to as “second real estate in this case”). On March 6, 2012, G forest and 7183 square meters was subdivided into a list of real estate in this case (hereinafter referred to as “real estate”).

3) As a result of the division of land, the ownership registration of shares in the Plaintiff’s name was transferred to each of the above real estate after the division, the registration of ownership of shares in the Plaintiff’s name was completed on July 9, 2013 as to the shares in the above G G forest land, 1476 square meters, 4181 square meters of I forest land, 4181 square meters of land, 1567/723 equity, 156/723 equity, 156/723 equity, and 1476 square meters of land in the above G forest, 1476 square meters of land, and 4181 square meters of land in the first and second real estate after the division. The registration of ownership transfer was completed on July 12, 2013 as to shares in the first and second real estate in the instant case, resulting in the partition of co-owned property on July 9, 2013.

5) Meanwhile, on September 27, 2013, the Plaintiff: (a) owned by E on September 27, 2013, 1278 square meters of the above K forest owned by E and real estate listed in attached Table 3 (hereinafter “instant third real estate”).

B) On the same day, the Defendant’s provisional attachment and compulsory execution are concluded to purchase KRW 3.3 million, and the Plaintiff completed the registration of ownership transfer in the future for each of the above real estates. (B) The Defendant applied for provisional attachment against B as Seoul Central District Court 2013Kadan44344, with the claim for the advance indemnity amounting to KRW 81,535,850 against B as the preserved right, and filed an application for provisional attachment against B for the shares of KRW 1,200,000 with the Seoul Central District Court 201Kadan434.

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