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(영문) 수원지방법원 여주지원 2018.05.08 2017가단7356
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

The development of large-scale ginseng industry (hereinafter “large-scale ginseng industry development”) conducted the business of selling each location to many and unspecified persons a specific part of the forest land of 31,284 square meters (hereinafter “land before division”) owned by the Gyeonggi-gu Gyeonggi-gun as a provisional partition drawing for the land of 31,284 square meters (hereinafter “land before division”).

On May 10, 2009, the Plaintiff concluded a sales contract by specifying the location of 1,818/31,284 of shares in the land before the development and division of major ginseng industry as a tentatively divided drawing.

The Defendants completed each of the registrations of seizure (hereinafter “each of the registrations of seizure of this case”) stated in the claims regarding the remaining portions of shares in the development of large industrial development over the land before subdivision.

On February 5, 2014, the land before subdivision was divided through the process of dividing the jointly owned property, and the instant real estate, one of the divided lands, became the sole ownership of the Plaintiff.

In addition, each of the registrations of seizure of this case, which was completed on the land before the division, was transferred to the registry of the real estate of this case.

(Reasons for recognition) Facts without dispute, entries in Gap evidence 1 through 3, the purport of the whole pleadings.

Plaintiff’s assertion

The plaintiff was sold in lots by specifying the real estate of this case, which is part of the land before subdivision from the development of the large industry. Since the defendants seize the remaining shares of the land before subdivision of the large-scale ginseng industry development, the effect of the above seizure does not extend to the plaintiff.

In addition, it should be seen as abuse of rights to claim the effect of seizure against the plaintiff who is not the debtor of the land after permitting the division of the common property of the land before the division.

In addition, since the Defendants did not proceed with the separate public auction procedure for five years after each seizure, the Defendants’ claim for the development of the alternative ginseng industry should be deemed to have expired by prescription.

Therefore, the Defendants should cancel their attachment registration on each of the instant real estate.

. Determination.

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