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(영문) 대구지방법원 2016.09.01 2015나309344

배당이의

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's primary claim and the conjunctive claim added at the trial.

Reasons

1. Basic facts

A. The Defendant’s application for provisional attachment and ownership change 1) On May 15, 2014, the Defendant claimed the credit card price claim amounting to KRW 16,624,785 against Daegu District Court racing-related 2014Kadan452 (hereinafter “amount claimed for provisional attachment”).

A) At the time of the racing owned by C, B 664 square meters (hereinafter “instant real estate”).

On May 16, 2014, the defendant applied for provisional seizure against the above court for provisional seizure (hereinafter "the provisional seizure of this case").

(2) On the same day, C sold the instant real estate to D on May 21, 2014 and completed the registration of ownership transfer in the name of D on May 26, 2014.

B. On June 16, 2014, the Defendant applied for a payment order and a compulsory auction order against C to the Daegu District Court and the Daegu District Court and issued a payment order to C, and on June 16, 2014, the Defendant received an order from the above court that “C shall pay damages for delay at the rate of 29.9% per annum from June 13, 2014 to the date of full payment.” The above payment order became final and conclusive on July 5, 2014.2) The Defendant applied for a compulsory auction for the instant real estate to Daegu District Court and the Daegu District Court A for a compulsory auction on July 21, 2014, and received a decision to commence compulsory auction from the above court on July 21, 2014.

(hereinafter referred to as “instant auction procedure.” The said court designated the completion period to demand a distribution of the instant auction procedure as October 1, 2014.

C. On June 12, 2014, the Plaintiff filed an application for provisional disposition prohibiting the disposal of the instant real estate on the ground that the Plaintiff’s claim for the cancellation of the registration of the transfer of ownership due to the cancellation of the fraudulent act against D, the transferee of the instant real estate, as the preserved right, as the Daegu District Court Branch of the Daegu District Court 2014Kadan3056, supra.

The plaintiff on June 17, 2014.