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(영문) 서울중앙지방법원 2018.10.25 2017가합525413

소유권이전등기말소등

Text

1. The Defendant’s KRW 399,506,924 and KRW 346,958,904 among the Plaintiff’s KRW 5% per annum from March 14, 2014 to June 2, 2017.

Reasons

1. Basic facts

A. The Plaintiff’s operator C and the Defendant were married on October 2, 1981, but divorced on July 16, 2004.

B. On March 25, 2005, the Plaintiff completed the registration of ownership transfer for five commercial buildings (G units, H units, I, J units, and K) in Jung-gu Seoul Special Metropolitan City Building D and E ground F (hereinafter “instant building”) on March 22, 2005. Of them, the Plaintiff completed the registration of ownership transfer for the reason of sale on March 22, 2005. Of them, J units and K units L (total 420,000,000 won) on March 30, 2012, and G units were sold to M on July 210, 200,000, and the remainder of the real estate in attached Tables 1 and 2 (hereinafter “instant commercial building”) in the name of the Defendant up to the present day.

C. On July 7, 2009, the Plaintiff completed the registration of the establishment of a neighboring mortgage under the name of the Defendant and the receipt of the Defendant’s dividends (hereinafter “instant collateral security registration”) with respect to the No.O., P, Q. and R of the instant building owned by the Plaintiff to the Defendant, KRW 900,000,000 of the maximum debt amount, and the registration of the right to collateral security (hereinafter “instant collateral security registration”).

(2) On February 15, 2013, the instant building R was sold to a third party from the procedure for compulsory auction by U.S. Supreme Court U.S. (hereinafter “instant auction procedure”) to the Seoul Central District Court on February 15, 2013, and the registration of collateral security was revoked.

In the instant auction procedure, the Defendant filed an application for demand for distribution with reporting the claim amounting to KRW 1,218,958,904 (i.e., the principal amount of KRW 700,000,000 with interest of KRW 518,958,904) as a mortgagee. In the said auction procedure, the instant building Q was sold at KRW 1,817,910,000, and on the date of distribution open on March 14, 2013, the distribution schedule was prepared as a distribution schedule that distributes all the amount reported to the Defendant.

3. The defendant on March 14, 2014, due to disputes with other creditors in the auction procedure of this case.