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(영문) 서울중앙지방법원 2016.06.01 2015가합25261
배당이의
Text

1. As to the formal auction cases for partition of co-owned property in Seoul Central District Court D, E (Dual), F (Joint).

Reasons

1. Basic facts

A. The parties’ legal relationship 1) New IS Co., Ltd. (hereinafter “New IS”)

(2) On September 6, 2002, the Plaintiff (hereinafter “instant real estate”) is the Seocho-gu Seoul Metropolitan Government G Dae-gu 470.8 square meters (hereinafter “instant real estate”).

(2) On September 6, 2002, H completed the registration of ownership transfer with respect to the instant real estate, and on September 6, 2002, H completed the registration of ownership transfer with respect to the instant real estate, and the instant real estate became jointly owned by 1/2 shares, respectively. (2) Defendant C filed an application for provisional attachment with the Seoul Central District Court 202Kadan5627, on October 22, 2002, with respect to the instant real estate by using the loan to the new IS as the claim claim against the new IS as the claim claim.

3) On October 28, 2002, Defendant B filed an application for provisional attachment with the Seoul Central District Court 2002Kadan137249 for one-half portion of the instant real estate of ASEAN as the claim amount, and executed it upon receipt of the decision. (4) On November 27, 2002, Defendant B received a provisional registration from ASEAN to secure the claim for the refund of the principal and interest on investment in ASEAN. In order to secure the claim for the refund of the principal and interest on the instant real estate, Defendant B received a provisional registration of transfer of ownership against 33.058 shares of 470.8 of the instant real estate from ASEAN.

The above claims were transferred to Plaintiff A through J and Korea Development Specialized Self-Managed Real Estate Investment Company (hereinafter “Korea Development Specialized Company”), and Plaintiff A completed the registration of transfer on April 25, 2014.

5) On November 27, 2002, K received the provisional registration of the right to claim transfer of ownership against the portion of 16.53/470.8 of the instant real estate from the New LAS in order to secure the right to claim the return of the principal and interest on investment in New LAS on November 27, 2002. The said claim was transferred to Plaintiff A via Korea Development Industry, and Plaintiff A completed the registration of the right to claim transfer of ownership on April 25, 2014.

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