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(영문) 서울북부지방법원 2018.04.24 2017가단135799
제3자이의
Text

1. The Defendant rendered a provisional disposition prohibiting the transfer of possession with executory power of Seoul Northern District Court 2017Kadan2083 against C.

Reasons

1. Facts of recognition;

A. C had been built from around December 2004 at the construction site of E-Ba on the land outside Dobong-gu Seoul, Dobong-gu, Seoul, but did not receive the construction cost of KRW 92,00,000,00, and the debtor F applied for a payment order against the debtor F and the payment order was issued on August 4, 2008, and the payment order was finalized on August 27, 2008.

B. From June 8, 2006 to March 10, 2009, the Plaintiff remitted a total of KRW 36,398,000 to C.

C. On December 14, 2006, the Plaintiff filed a move-in report with Dobong-gu Seoul Metropolitan Government D on December 14, 2006, and C, from January 201, had the Plaintiff possess the real estate listed in the separate sheet (hereinafter “instant real estate”) and exercised the right of retention.

In a lawsuit to confirm the existence of the right of retention filed by the G Union against C, etc., the judgment that C has the right of retention on the real estate in this case was finalized on July 29, 2014.

E. The Defendant purchased the instant real estate at KRW 52,100,000, which was the appraisal of December 26, 2014 at the H voluntarily auction procedure by the Seoul Northern District Court, following the request for voluntary auction by the G Union.

F. On June 14, 2016, C transferred F’s claim for construction cost and lien on the instant real estate to the Plaintiff, and notified F’s heir on November 9, 2017 (Death around 2012) of the said transfer.

The plaintiff from June 14, 2016 to the same year

7. 4. up to 7.4. transfer 20,000 won to C.

G. On May 10, 2017, the Defendant filed an application for provisional injunction against the transfer of real estate in this case with the Seoul Northern District Court 2017Kadan20883 by designating C as the debtor, and the said court rendered a provisional injunction ruling accepting the said application (hereinafter “provisional injunction ruling”).

On May 24, 2017, the enforcement officer affiliated with the Seoul Northern District Court, who was delegated by the Defendant, has executed a provisional disposition on the instant real estate on the basis of the executory exemplification of the instant provisional disposition decision. At the time of the enforcement of provisional disposition, I, the Plaintiff’s wife, is the Plaintiff’s mother.

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