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(영문) 서울고등법원 2015.07.16 2014나9740

소유권이전등기

Text

1. The judgment of the court of first instance is modified as follows.

In the application for participation by an independent party C, the fraudulent act is revoked.

Reasons

Basic Facts

Plaintiff

E, F, G, non-party J, I, K, L, M, etc. (not including Plaintiff H; hereinafter “instant buyers”) was “Y2,810 square meters at the time of the instant land contract from the Defendant on September 22, 2003, at the time of the instant land contract from the Defendant,” but the lot number was changed to 23,428 square meters at the time of the registration conversion in 2008, and the area was increased.

The purchase price was 2.4 billion won (hereinafter “instant purchase contract”), and the Defendant paid the down payment of KRW 240 million to the Defendant on the same day.

Since then, upon the commencement of the auction procedure on the land of this case with the Defendant’s motion for auction of N,O, P, etc., the buyers of this case paid the following money to prevent the sale of the land of this case to a third party by auction:

In order to deposit KRW 240,00,000 as the date of August 27, 2010 with the purchaser of the instant land N as the mortgagee of the instant land as the depositee, and KRW 240,00,000 deposit with the purchaser of the instant land as the creditor of the Defendant, KRW 692,193,130 on September 7, 201, the Defendant paid KRW 780,00,000 to the Defendant for KRW 90,328,870 on August 28, 200 to the extent that the purchaser of the instant land was the mortgagee of the instant land, and the purchaser of the instant land who was the mortgagee of the instant land was the mortgagee of the instant land as the depositee, KRW 388,888,988,3888,3888,3888,39,3888,398,