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(영문) 광주지방법원 2015.11.04 2015고정737
공무상표시무효
Text

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Reasons

Punishment of the crime

1. In the auction procedure to exercise real estate security right to the building located in the Seo-gu, Seo-gu, Seocheon-gu, and seven parcels of land (hereinafter “instant building”), H (hereinafter “instant company”) obtained ownership by completely paying the sale price on August 5, 2013, after receiving the decision to permit the sale on August 5, 2013, and acquired ownership (the registration of ownership transfer was completed on January 9, 2014), and was transferred on September 13, 2013.

Defendant

A practically operated the instant company, along with Defendant A, invested KRW 50 million in the proceeds from the sale of the instant building to Defendant A, and Defendant D, who is an employee of the instant company, took overall charge of the management of the instant building in accordance with the direction of Defendant A.

2. While the process leading up to the instant crime was the lien holder of the instant building, the J, etc., who was deprived of possession on or around July 28, 2013, retired from the said possession, etc., was subject to a decision of provisional injunction against the transfer of real estate by designating the instant company as the debtor with respect to the instant building as the Daejeon District Court Branch Branch of Daejeon District Court Decision 2013Kadan3632 on October 17, 2013 (hereinafter “provisional injunction against the transfer of real estate”), and the order are as follows.

The debtor's possession of the building of this case shall be over to the execution officer delegated by the obligees.

Enforcement officers shall permit the debtor to use on the condition that they do not change the current state.

The debtor shall not transfer his possession to another person or change his title of possession.

An execution officer shall publicly notify the above purport in an adequate manner.

On October 22, 2013, the enforcement was completed.

In addition, on December 16, 2013, the J, etc. received a provisional disposition prohibiting the obstruction of possession of real estate by designating the instant company as the debtor on the instant building as the Daejeon District Court Branch Decision 2013Kahap131 on December 16, 2013 (hereinafter “instant provisional disposition prohibiting the obstruction of possession”).

The text shall be as follows.

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