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The defendant's order of payment order dated January 14, 2014 against the non-party B was authentic.
Reasons
1. Facts of recognition;
A. On May 7, 2013, the Defendant: (a) obtained a provisional seizure order by the court 2013Kadan221 using the claim against B as the preserved claim; and (b) on the same day, the registration of provisional seizure was completed by the above provisional seizure order as to the land B (hereinafter “instant land”).
B. On January 14, 2014, the Defendant filed a payment order against B for the instant case, including the price of goods, and received a payment order on January 14, 2014, and the said payment order (hereinafter “instant payment order”) became final and conclusive.
C. The Plaintiff purchased the instant land owned on February 4, 2015 and carried out the same month.
6. Completion of the registration of ownership transfer.
The defendant will go to Ulsan District Court D on September 10, 2015.
The decision of compulsory auction was rendered to implement the provisional seizure as the main seizure.
E. B was granted decision on March 16, 2016 by the Ulsan District Court 2014No427.
【Ground for Recognition: Evidence No. 1 to 5, the purport of the entire pleadings】
2. The defendant's judgment
1.(a)
The land of this case, the registration of provisional seizure of which has been completed, is purchased and is executory of the payment order of this case.
On the other hand, the payment order of this case against B
1. (e);
The enforcement force of the decision to grant immunity was lost.
Thus, the claim of this case seeking the exclusion of the executory power of the payment order of this case is justified and accepted.