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(영문) 서울동부지방법원 2020.05.14 2019가단113148

배당이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 27, 2004, the network C (hereinafter “the network”) obtained a provisional attachment order of KRW 151,365,458 (hereinafter “the provisional attachment of this case”) with respect to E’s share of KRW 70/119.7m2 in Gangdong-gu Seoul Metropolitan Government D Site No. 1119.7m2 (hereinafter “instant land share”) and the above land’s above E-owned land’s above E’s ground No. 151,365,458 (hereinafter “former building”) and completed the registration of the entry on the 30th day of the same month.

B. After that, the deceased filed a lawsuit claiming loans against E by this court under the court 2005da46371, and on November 2, 2005, the above court rendered a favorable judgment against the plaintiff that "the defendant (E) shall pay to the plaintiff (the deceased) the amount of KRW 70 million and the amount of KRW 40 million calculated at the rate of 20% per annum from November 9, 1999 to the date of full payment, and from April 19, 2000 to the date of full payment." The above judgment became final and conclusive at that time.

(hereinafter “instant final judgment”). C.

However, as at the time of the instant provisional attachment, the former building was already destroyed and registered on August 7, 2014, and on the same day, the registration of the destruction was newly completed on the same land as at the time of the instant provisional attachment, and the registration of the preservation of the ownership of E in the name of “HBL I” (hereinafter “new building”).

(The first registration was owned only 6/96 shares, but on the same day the registration of share transfer was completed due to the partition of co-owned property as to the remaining 90/96 shares.

After October 2, 2014, 48/96 shares out of the ownership of a new building were transferred to J, and immediately thereafter, the deceased completed the provisional registration of the right to claim for share transfer based on the purchase and sale reservation made on October 1, 2014 (hereinafter “the provisional registration of this case”). Since the provisional registration of this case, the Seoul Central District Court 2015Da5231736 claim against the deceased, etc. filed against E, and the decision of recommending the settlement of fraudulent act was cancelled on September 4, 2018.