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(영문) 서울중앙지방법원 2016.01.07 2014가합583487

배당이의

Text

1. Of the distribution schedule prepared on November 11, 2014 by the Seoul Central District Court with respect to the compulsory auction case of H real estate.

Reasons

1. Basic facts

A. The parties’ relationship I and the Defendants are creditors who demand a distribution in the Seoul Central District Court HH Real Estate Compulsory Auction Procedure (hereinafter “instant auction procedure”) concerning the real estate listed in the attached Tables 1 and 2 attached Table 1 and 2 owned by Nonparty J (hereinafter “instant Real Estate 1”) and the real estate listed in the attached Table 2 attached Table 1 and 2, collectively referred to as “instant Real Estate 2,” and the Plaintiffs are the spouse and children of Nonparty I.

B. 1) On April 10, 2006, J donated each of the instant real estate owned by J to Nonparty K, the spouse of J, and completed the registration of ownership transfer in the future of K on the same day. K sold the instant real estate No. 1 to Defendant G on August 24, 2007 and completed the registration of ownership transfer in the future of Defendant G on August 28, 2007. 2) on September 19, 2006, as Seoul Central District Court Decision 2006Ga353479, K filed a lawsuit seeking the revocation of fraudulent act on the instant real estate No. 2 as to the beneficiary, the beneficiary, the beneficiary, by the Seoul Central District Court Decision 2006Ga35379 on September 19, 2006. K accepted the claim of I on June 20, 2007.

On October 25, 2013, I cancelled the registration of ownership transfer completed in K in the future with respect to the second real estate of this case.

3) In addition, as Seoul Central District Court Decision 2007Da337801 on September 14, 2007, as Seoul Central District Court Decision 2007Da337801, Defendant G filed a lawsuit seeking revocation of the fraudulent act on the instant real estate No. 1 and was rendered a favorable judgment on May 20, 208. Defendant G appealed appealed the said judgment, but the said appeal was dismissed by the Seoul High Court Decision 2008Na51542 and Supreme Court Decision 2009Da71893, Supreme Court Decision 2009Da71893. The said judgment became final and conclusive on December 1, 2009. The instant judgment completed the registration of ownership transfer for the restoration of the authentic title in the JJ’s future with respect to the instant real estate No. 1 on October 25, 2013. The instant auction procedure and the preparation of the distribution schedule as the Daejeon District Court Decision 367Da777, August 27, 2007 against J.