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(영문) 서울북부지방법원 2016.08.12 2015가단24215
청구이의
Text

1. The Seoul Northern District Court Decision 2007Kadan48353 decided Oct. 28, 2008.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On March 19, 2002, Nonparty E completed the registration of ownership transfer with respect to F.331 square meters (hereinafter “instant land”). On June 23, 2003, Nonparty E had the ownership completed the registration of ownership transfer with respect to the instant land upon the decision to commence the sale of real estate G real estate for North Korea Branch of the Seoul District Court, and Nonparty C completed the registration of ownership transfer with the bid on August 2, 2004.

B. On the ground of the instant land, Nonparty H and two, a new building consisting of 12 households for multi-household housing (hereinafter “instant building”). However, on June 25, 2003, the building owner was changed in the name of the E, and the construction is being carried out on June 25, 2003, C was awarded the instant land, and the name of the building owner was changed again on August 4, 2004.

C. E filed an application against C for provisional seizure of real estate with the Seoul Northern District Court 2005Kadan2447, and accordingly, the registration of preservation of ownership was completed in the C future on the instant building upon the entrustment of registration following the decision on provisional seizure of real estate on April 8, 2005.

On April 19, 2007, upon the application of the National Federation of Fisheries Cooperatives, there was a decision to commence compulsory sale of the instant building as Seoul Northern District Court I. On May 16, 2008, Nonparty D was awarded a bid of KRW 361,00,000 for the instant building and completed the registration of ownership transfer on May 19, 2008.

E. Meanwhile, on April 23, 2007, the real estate compulsory auction procedure was initiated with respect to the instant land, and Nonparty J, a director of the Defendant Company, completed the registration of ownership transfer with respect to the instant land awarded a successful bid, and the Defendant who purchased the instant land from J completed the registration of ownership transfer on July 27, 2007 with respect to the instant land on August 24, 2007.

F. On August 28, 2007, the Defendant filed a lawsuit against C seeking removal of building, etc. with Seoul Northern District Court 2007Kadan48353, and this case D.

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