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(영문) 전주지방법원 2017.11.08 2016가단36890

매매대금반환

Text

1. The Plaintiff, Defendant Seoul Guarantee Insurance Co., Ltd., 21,918,937 won, and Defendant K&C Co., Ltd., 14,354.

Reasons

1. Facts of recognition;

A. On February 27, 2015, the Plaintiff: (a) sold the instant land at KRW 41,111,00 and paid in full at KRW 41,13 square meters (hereinafter “instant land”) at Kim Jong-si, Kim Jong-si, which was owned by Jeonju District Court B (hereinafter “instant auction procedure”); and (b) completed the ownership transfer registration for the instant land due to a compulsory auction (hereinafter “instant ownership transfer registration”) under the title No. 11877, Apr. 3, 2015, as to the instant land.

B. On April 15, 2015, the Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant 1”) received dividends of KRW 14,354,087,00, the aggregate of KRW 13,03,080, and KRW 8,885,85,857 as the holder of the first provisional attachment, and KRW 21,918,937 as the creditor of the second application, and Defendant KAWC Co., Ltd (hereinafter “Defendant 2”) as the holder of the first provisional attachment, and KRW 9,048,744, and KRW 5,305,343 as the person having the second provisional attachment, as the person having the right to demand a distribution, respectively.

C. On December 31, 1997, the Jeonju District Court Kim Jong-dong Office received a provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) based on the purchase and sale promise on December 17, 1997, as to the instant land. At the time of the provisional registration of this case, C filed a lawsuit against E, who was the owner of the instant land, claiming the principal registration of the said provisional registration under the Jeonju District Court 2015Gadan3381, and was sentenced to the judgment in favor of the Plaintiff on April 17, 2015, and the said judgment became final and conclusive on May 12, 2015.

Since then, the principal registration based on the provisional registration of this case (hereinafter “the principal registration of this case”) has been completed on the ground of sale on June 8, 2015, the receipt of the instant land No. 17443, Jun. 8, 2015, which was issued on June 28, 2006 by the same registry office (the Jeonju District Court Decision 2015Da3381, Jun. 28, 2006). As such, the ownership transfer registration

The provisional registration of this case is a case where E suffers a loss of principal as it is delegated by C with a share investment of KRW 50 million on October 23, 1997.