(영문) 대전지방법원천안지원 2015.07.17 2014가합103698

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(영문) 대전지방법원천안지원 2015.07.17 2014가합103698

승계집행문부여에대한이의의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 3, 1994, the Defendant, with the owner himself, obtained a building permit for the real estate listed in the separate sheet (the first seat of the party was Ba-gu B and C, and was changed to the present lot number on May 15, 2009; hereinafter “instant building”) and executed at least 90% of the total progress as of November 2, 2000.

B. D agreed to change the name of the owner of the instant building from the Defendant to D, and accordingly, on June 25, 2002, the name of the owner of the said building was changed from the Defendant to D.

C. On December 13, 2003, D’s creditors obtained a decision of provisional seizure on the instant building from D as debtor on December 13, 2003 (this Court Decision 2003jhap629), and upon the request for registration following it, D’s registration of preservation of ownership was made in the name of D on December 15, 2003.

D on November 11, 2005, due to gift, completed the registration of ownership transfer in A, led to the establishment of the building in this case.

On July 16, 2008, the Defendant received a provisional disposition that “six persons, including A, etc., filed an application for provisional disposition prohibiting possession or transfer of the building of this case with respect to A, D, E, F, G, and H (hereinafter “A”) as the obligor, and that “the obligor shall suspend construction works on the building of this case and shall not transfer possession of the building of this case to another person” (hereinafter “the provisional disposition order of this case”).

Accordingly, on July 25, 2008, an execution officer completed the execution by notifying one of the debtors of the purpose of the decision of provisional disposition of this case to H, and attaching a notice to the entrance door of the above building.

hereinafter referred to as "execution of provisional disposition by July 25, 2008".

E. The defendant filed a lawsuit claiming the name of the building A against 6 persons, etc. on the ground that he himself is the original acquisitor of the building of this case, and all the provisional execution declaration book at the first instance on June 26, 2009.

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