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(영문) 춘천지방법원 2017.05.24 2016가단8100

배당이의

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant’s claim G related to G shall complete the registration of ownership transfer in his name with respect to each of 3/4 shares in the real estate listed in the separate sheet on January 11, 2006 (hereinafter “instant real estate”).

The instant real estate was the only property of G.

G entered into a sales contract with H on November 26, 2007 for the instant real estate and completed the registration of ownership transfer on December 5, 2007.

H settled on March 28, 2008, the maximum debt amount of KRW 39 million, the mortgage-mortgager, and the establishment registration of a neighboring livestock cooperative, the Chuncheon Steel & Livestock Cooperative.

The defendant filed a lawsuit against G and H with the court 2008Gahap1873, and this court revoked the sales contract of G and H on June 9, 2010, after deducting the amount of KRW 20 million received by the defendant from the defendant on December 23, 2005, from KRW 120 million that G acquired from the defendant on December 23, 2005, and KRW 57 million that he acquired from the defendant on December 26, 2005, and deducting the amount of KRW 20 million from the amount of KRW 57 million that he received from the defendant on December 26, 2005, and KRW 157 million [20 million] - 20 million ( KRW 57 million) and its transfer of ownership from April 26, 2006 to June 9, 2010, and KRW 200,000 from the day after the date of completion of the sales contract of this case.”

G appealed as Seoul High Court (Chuncheon) 2010Na1178 on the above judgment, but the appeal was dismissed on December 8, 2010, and the above judgment became final and conclusive on December 31, 2010.

(hereinafter above (hereinafter referred to as “instant judgment claim”)

In the auction procedure with regard to the instant real estate, I subrogated for the secured debt against H’s Chuncheon iron farm and livestock cooperatives, and the mortgagee of the right to collateral security on March 25, 201 by subrogation for the finalized claim in March 25, 2011.