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(영문) 수원지방법원 성남지원 2017.02.07 2016가단209107

배당이의

Text

1. It was prepared on April 7, 2016 by the same court with respect to the compulsory auction case of Suwon District Court Sung-nam Branch C real estate.

Reasons

1. Basic facts

A. On October 8, 2007, the Plaintiff filed a lawsuit against D with Seoul Central District Court No. 2007Gahap86223, Oct. 8, 2007. At the appellate court (Seoul High Court No. 2008Na52804) of the above case, “D between the Plaintiff and D” paid to the Plaintiff KRW 50 million until December 31, 2008, KRW 50 million until March 31, 2009, KRW 50 million until May 30, 2009, and KRW 50 million until May 30, 2009, respectively, and even once the above implementation was delayed, D paid damages for delay to the Plaintiff at the rate of 24% per annum from November 16, 199 to 24% per annum.

B. The ownership change process of the instant real estate (the main contents thereof are as follows) 1) real estate listed in the attached list (hereinafter “instant real estate”)

The original wife of D was owned by D, and upon the death of E on September 14, 201, D, the heir of E, inherited at the ratio of 3/5 shares, and 2/5 shares. 2) However, D and F agreed on the division of inherited property that F solely succeeds to the instant real property on September 14, 201, and F completed the registration of ownership transfer on March 7, 2012, based on the above division agreement.

3) After that, G, H’s ASEAN, concluded a sales contract with F on March 5, 2012 with respect to the instant real estate, and completed the registration of ownership transfer with respect to each of the instant real estate on March 7, 2012. 4). On the other hand, on February 6, 2013, the Plaintiff asserted that the agreement on division of inherited property that F would solely succeed to D’s 3/5 shares on the instant real estate constitutes a fraudulent act and that F, G, and H would revoke the said agreement on division of inherited property and the registration of ownership transfer of F, G, and H with respect to 3/5 shares, which are D’s shares, out of the instant real estate (U.S. District Court Sungnam Branch Branch 2013Gahap20311) and filed on October 4, 2013.