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(영문) 수원지방법원 2018.06.19 2017가단3761
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet No. 1 was owned by the Plaintiff, and on February 27, 2001, the successful bid due to voluntary auction (U.S. District Court B) was the cause for registration and the registration of ownership transfer was completed in the name of C on the same day.

C is a dual birth of the plaintiff.

B. As to each real estate listed in the separate sheet No. 1, the Suwon District Court, Dongwon District Court, Dongwon Registry, No. 19343, received on February 29, 2008; No. 37340, received on April 27, 2009; No. 452, received on January 5, 2010; No. 104137, received on November 11, 2011 of the same registry; No. 8351, received on January 27, 2012; and No. 15287, received on February 12, 2013 of the same registry office, the establishment registration was completed where the debtor as C or C or C brokerage, and collateral security holders as Korean bank was completed.

C. The Bank of Korea applied for the commencement of the first auction on each real estate listed in the separate sheet No. 1, and on December 14, 2013, the Suwon District Court voluntarily decided to commence auction (D). On February 2, 2016, upon filing an application for the commencement of the second auction, Suwon District Court voluntarily decided to commence auction (E) on February 2, 2016.

In addition to each real estate listed in the attached Table 1, each real estate listed in the attached Table 2 shall also be included in the auction object of the Suwon District Court D, E (Dual) real estate auction case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 16 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The summary of the cause of the claim and the building listed in the [Attachment 2] List of the issues of the instant case are owned by the Plaintiff as the newly built building.

Attached Form

The compulsory execution, which is commenced on the premise that the buildings listed in the list 2 are owned by C, shall not be permitted.

The plaintiff is classified as a non-tendered building at the time of the successful bid under the premise that the buildings listed in the attached Table 2 exist in the previous voluntary auction, that is, C, at the time of the successful bid.

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