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(영문) 서울고등법원 2020.11.06 2019나2041370

배당이의

Text

1. Of the judgment of the first instance, the part regarding Defendant F and Selection G shall be revoked.

2. Seoul Central District Court E.

Reasons

1. Basic facts

A. H’s position H is a person who has engaged in real estate business from December 2004 to the trade name “Z”, and was a representative director of AB corporation established for the purpose of real estate business, etc. around June 201.

B. The Plaintiff’s payment order and the commencement of the procedure for compulsory auction against H 1) The Plaintiff filed against H with the Dongjak-gu Seoul Metropolitan Government I Apartment J (hereinafter “instant apartment”).

(2) On March 28, 2017, the Seoul Central District Court claimed the payment of the purchase price, etc. under the supply contract, and applied for a payment order as Seoul Central District Court Decision 2017 tea43579, and on February 21, 2017, “H shall pay KRW 533,372,552 to the Plaintiff.” The payment order was finalized as it is. (2) On the Plaintiff’s application based on the above payment order, the said payment order was finalized. (3) On March 28, 2017, the compulsory auction for the apartment of this case owned by H was commenced to the Seoul Central District Court E.

(hereinafter “instant auction procedure”). C.

Defendant B’s demand for distribution 1) The Defendants and the Selection-Party G’s demand for distribution is as between H on September 6, 2012, and Defendant B leased KRW 120 million to H on November 7, 2012, with a due date fixed by Defendant B as of November 7, 2012, and for the guarantee thereof, the Dongjak-gu Seoul Metropolitan Government Mmenmenves of the ground menter and the land-based single unit of housing (hereinafter “M housing”).

In the event that Defendant B completed the provisional registration of collateral in the future and H fails to pay the above money by the due date, the alternative return of collateral (Evidence No. 11 and No. 10) was made to Defendant B, and the ownership transfer collateral registration was completed on September 10, 2012, which was based on the promise to return the said substitute of collateral as to M housing. Since the fact that the ownership transfer collateral registration was made on February 17, 2017, a “public announcement of transfer due to an urban and residential environment improvement project,” with the content of the transfer of the right to housing in the instant apartment to the instant apartment, such as the provisional registration of ownership transfer collateral (hereinafter “the provisional registration of this case”).

(2) Defendant D.