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(영문) 제주지방법원 2019.05.14 2018가단53568

배당이의

Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff: (a) entered into a sales contract with the D Association as a member of the D Association on March 4, 2015; (b) concluded that the Plaintiff would sell the GH Dong [20 square meters (20 square meters) of building and site 200 square meters (20 square meters of building and site 200 square meters of building)] 15,60 million won in the sale price; and (c) paid the D Association the down payment of KRW 15.6 million in the first intermediate payment, KRW 15.6 million in the second intermediate payment, KRW 15.6 million in the second intermediate payment, and KRW 46.8 million in the aggregate to the Plaintiff on July 7, 2015; and (d) concluded that the Plaintiff would cancel the said sales contract on July 7, 2015, and refund KRW 46.8 million in the sale price paid by the Plaintiff.

(A) On July 8, 2015, the Plaintiff withdrawn from a member of the D Association. (B)

D. 1) D Association’s disposal act, etc. on August 10, 2016 (hereinafter “instant land”) is the same as “instant land” on August 10, 2016.

() On June 30, 2016, the registration of the establishment of a superficies was completed on the ground of sale (the transaction price of KRW 170 million) on June 30, 2016. D Union completed the registration of the establishment of a neighboring mortgage and the registration of the creation of a superficies with the debtor J, the maximum debt amount of KRW 156 million in the future of the I Association on August 10, 2016, which was completed the registration of the establishment of a superficies, and on the same day (hereinafter “instant mortgage contract”). On the same day, D Association of the debtor, the maximum debt amount of KRW 150 million in the Defendant’s future, and the same day contract (hereinafter “instant mortgage contract”).

3) The registration of the establishment of a lower-ranking collective security (hereinafter “instant collective security”) or “registration of the establishment of a new neighboring collective security (hereinafter “instant establishment”).

(2) On November 22, 2016, the Plaintiff completed the provisional attachment entry registration on the same day (the claimed amount KRW 468 million) upon receipt of the decision of provisional attachment on the instant land by Seoul Central District Court 2016Kadan812092.

C. 1 The Defendant applied for voluntary auction on the instant land based on the instant collateral security, and the said court filed an application for voluntary auction with the Jeju District Court C on May 4, 2017.