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(영문) 대구지방법원 의성지원 2017.01.18 2016가단11341
배당이의
Text

1. The Daegu District Court prepared on October 5, 2016 with respect to a compulsory auction case of real estate D with the Sung-gu District Court's Sung-gu District Court.

Reasons

1. Basic facts

A. On August 14, 2009, the Plaintiff’s sales contract and revocation of fraudulent act between the Plaintiff and E with respect to separate real estate is null and void, and the Plaintiff is 1,565m2 and 580m20m2 (hereinafter “ separate real estate”) in Gyeongbuk-gun in Gyeongbuk-gun and G 1,565m2.

(2) On November 18, 2009, H, a creditor of H, under the name of the Plaintiff, filed a lawsuit against the Plaintiff seeking cancellation of the said sales contract’s fraudulent act and cancellation of the said transfer of ownership registration, and was rendered a favorable judgment on March 2, 201. The Plaintiff’s appeal and appeal were dismissed, and the said judgment became final and conclusive on April 16, 2012.

(F) On July 4, 2012, H on the part of the Plaintiff, on the part of the Plaintiff, renounced District Court Decision 2009Da2974, Daegu District Court Decision 201Na6951, Supreme Court Decision 2012Da3692, supra, and Supreme Court Decision 201Da3692, Jul. 4, 2012.

3) On November 22, 2012, Defendant C, a creditor of E, filed a lawsuit against the Plaintiff seeking cancellation, etc. of the above transfer of ownership on the ground that the above contract was null and void as a false declaration of conspiracy, and lost on November 27, 2013. However, on October 10, 2014, the lower court rendered a favorable judgment at the appellate court, and on February 12, 2015, the Plaintiff’s appeal was dismissed, and the said judgment became final and conclusive on February 16, 2015 (Seoul District Court Branch Branch Decision 2012Gadan2974, Daegu District Court Decision 2014Na3540, Daegu District Court Decision 2014Da74582, hereinafter “Class 2 case”).

B) As a result of the Plaintiff’s first and second-party payment order, such as refund of purchase price, against E, the Plaintiff filed an application for payment order against E, claiming payment of KRW 59,834,100 on the ground that the purchase price of separate real estate was refunded, etc. (Seoul District Court Decision 2015Da493, Feb. 25, 2015, and the payment order became final and conclusive on March 24, 2015 upon receipt of the same payment order with the same content as that of the Seogu District Court Branch Branch Decision 2015Da493, Feb. 24,

(c) owned E; and

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