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(영문) 서울고등법원 2017.12.15 2016나2027595
부당이득금반환 등
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

Basic Facts

On April 9, 2010, the Plaintiff, including the divorce lawsuit between the Plaintiff and B, was subject to a provisional disposition of prohibition of provisional disposition (2010 business group239; hereinafter “provisional disposition of this case”) against the claim for division of property based on divorce from the Incheon District Court regarding the building owned by B (hereinafter “instant real property”), which was owned by the husband, as of April 9, 2010. The provisional disposition was registered on April 13, 2010.

On November 23, 2011, the Plaintiff filed a claim for divorce, consolation money, and division of property against B, and on June 19, 2013, the judgment of the second instance (Seoul High Court 2012Reu4299) was rendered, and the Plaintiff’s appeal was dismissed (Supreme Court 2013Meu2854) and became final and conclusive on October 23, 2013 (hereinafter “the final and conclusive judgment of this case”).

B, on October 18, 2012, when the divorce lawsuit of this case is pending, B and B entered into a sales contract with the Defendant to sell the instant real estate for KRW 1.7 billion (hereinafter “instant sales contract”). The main contents, such as the special agreement, are as follows.

With respect to the sale of the above real estate, Article 1 of the Terms and Conditions of the Contract, the buyer shall pay the purchase price as follows:

The purchase price: 1.7 billion won: 200 million won shall be paid and received at the time of the contract. Any balance: 1.5 billion won shall be paid on February 28, 2013.

Section A as of the date of the contract;

1. Establishment of a collateral security right, which is a provisional disposition, which is a claim for division of property caused by divorce (Plaintiffs);

1. The execution of the document of cancellation of provisional disposition prohibiting the disposal and the down payment shall be carried out simultaneously;

1. The contract and confirmation description shall be prepared again after the provisional disposition is rescinded; and

Meanwhile, the instant real estate was commenced on November 10, 201 upon the application of the Young-dong Agricultural Cooperative, which is the highest priority collective security interest in the instant real estate.

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