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(영문) 대전지방법원천안지원 2019.09.06 2018가합995

배당이의

Text

1. On September 7, 2018, the Daejeon District Court's Branch C and D (Dual) auction cases of real estate.

Reasons

1. Basic facts

A. From July 21, 2015, F, E, and G have jointly owned each of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”).

B. On July 29, 2015, the Plaintiff filed a lawsuit against F, E, and G on behalf of F, E, or G, claiming a share refund, etc. in this court.

(2) On July 4, 2016, this Court rendered a decision to recommend reconciliation (hereinafter “decision to recommend reconciliation of this case”) with respect to the foregoing case, and the said decision was finalized on October 20, 2016.

The aforementioned decision to recommend reconciliation was submitted by the delivery/final verification source to the effect that the decision to recommend reconciliation was finalized on July 19, 2016 (Evidence A, F, E, and G). However, an objection was filed on July 18, 2016, which was before the decision to recommend reconciliation became final and conclusive, and the said objection was withdrawn on October 20, 2016. Thus, the said decision to recommend reconciliation ought to be deemed final and conclusive on October 20, 2016.

The main contents of the above ruling of recommending reconciliation are as follows:

1. On June 3, 2016, F, E, and G shall implement the procedure for registration of change to the registration of shares in common, each of 1/3 on the grounds of dissolution of the partnership.

2.F and E shall implement the procedures for registering the establishment of a neighboring mortgage with respect to their own shares of 1/3 of co-ownership to each plaintiff.

C. On November 9, 2016, the Defendant received a decision to provisionally seize each of the instant real estate from F, E, and G by this court (hereinafter “instant provisional seizure”), and completed the registration of provisional seizure on the following day.

The above provisional seizure claim was "right to claim a share due to the withdrawal of partnership upon the exercise of creditor's subrogation right," and the claim amount was KRW 150,000,000.

On November 15, 2016, with respect to each of the instant real estate, the registration of change of ownership was made with the purport that the registration of combination of F, E, and G was made for the dissolution of a cooperative as of June 3, 2016 by F, E, and G to share 1/3 shares in each of the instant real estate, and the registration of change of ownership was made with respect to each of the instant real estate as of November 15, 2016.