The procedures for the provisional disposition prohibiting the transfer of real estate are as follows
The procedures for the provisional disposition prohibiting the transfer of real estate are as follows
It was said that it is a provisional disposition to prohibit the transfer of real estate owned by others while allowing the possession of real estate that can be a target to be maintained as it is. This is a type of temporary restraining order to realize creditors’ rights, such as harming the peace of life so that tenants cannot live in peace, or seriously damaging the real estate that tenants are making profits from using. In addition, it is necessary for tenants to file a lawsuit against Myeongdo for overdue rent without paying rent, and it is considered a serious procedure to proceed with the Myeongdo lawsuit on the same issue if the premium is a problem in shopping districts. In addition, the contents of the application form should be marked on the object and the purpose or reason for the application, and the compulsory execution is possible only when the occupant is identified and the subject of execution is identified.
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It was said that it is a provisional disposition to prohibit the transfer of real estate owned by others while allowing the possession of real estate that can be a target to be maintained as it is. This is a type of temporary restraining order to realize creditors’ rights, such as harming the peace of life so that tenants cannot live in peace, or seriously damaging the real estate that tenants are making profits from using. In addition, it is necessary for tenants to file a lawsuit against Myeongdo for overdue rent without paying rent, and it is considered a serious procedure to proceed with the Myeongdo lawsuit on the same issue if the premium is a problem in shopping districts. In addition, the contents of the application form should be marked on the object and the purpose or reason for the application, and the compulsory execution is possible only when the occupant is identified and the subject of execution is identified.
In order to prevent tenants and occupiers from changing their possessions or transferring their names without preserving the status of the object, there is room for a provisional disposition to prohibit the transfer of real estate even if the creditor wins the trial. Nam said he signed a lease with Hong, a real estate agent, and decided to temporarily rent some of the areas in the city. Later, Nam planned to build a complex on the land, and to establish it, he had to get approval from the city to apply for a building change, but later the problem was that the lessor Hong suddenly canceled the contract without any notice to Nam and sold the land to the city.
Hong’s land was set up as a land transaction permit area and could not be sold for more than 10 years, but at that moment, the city became the target of the sale, he said. “We cannot sell the land, so we have to sell the land.” Looking at the lease setting, Hong said that if Hong terminated the contract for other reasons, such as the sale, Hong had to pay Nam a deposit. However, Mr. Hong said that without any notice of this, he had to file a disposition lawsuit with humanity to ask Mr. Nam to vacate the land. If a provisional disposition prohibiting the transfer of real estate is imposed, the debtor cannot change the objective status of the object, and if the debtor changes the objective status in violation of the provisional disposition, the court will order it to remove it.
If the object is transferred to a third party after the execution of the provisional disposition, it must be transferred to a third party in order to remove the third party, and if it is transferred to a third party after the prohibition of real estate ownership transfer. According to the lease contract, it is said that provisional disposition will not be possible if the tenant and the object possessor are different or there are additional occupiers. Therefore, in this case, an application for provisional disposition should be filed separately based on the confirmed possession relationship, and when filing a lawsuit on the merits, those who occupy objects other than tenants will also be co-defendants.
It is wise to proceed with the help of a lawyer when filing a lawsuit due to lack of legal knowledge, and in fact, it is not accepted as applying for a provisional disposition to prohibit the transfer of real estate possession. Therefore, he said that if collateral is prepared in advance and the insured’s rights and the need for preservation are not properly explained, the application may be rejected, so caution is needed. It is difficult to judge at once because it is difficult to meet formal requirements, and even if a provisional disposition decision is made, it may not be possible to apply for compulsory execution or become unenforceable. He said it is important to proceed with the help of a legal representative who has a lot of experience in the case because there are so many ways to respond legally.
It is wise to proceed with the help of a lawyer when filing a lawsuit due to lack of legal knowledge, and in fact, it is not accepted as applying for a provisional disposition to prohibit the transfer of real estate possession. Therefore, he said that if collateral is prepared in advance and the insured’s rights and the need for preservation are not properly explained, the application may be rejected, so caution is needed. It is difficult to judge at once because it is difficult to meet formal requirements, and even if a provisional disposition decision is made, it may not be possible to apply for compulsory execution or become unenforceable. He said it is important to proceed with the help of a legal representative who has a lot of experience in the case because there are so many ways to respond legally.
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