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Reasons
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(영문) 서울고등법원 2015.12.10 2015나23095
배당이의의 소
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Sale of buildings and preparation of notarial deeds 1) Co. D (hereinafter “D”)

(E) On September 13, 2006, Seoul Songpa-gu 8th floor business facilities and sections of neighborhood living facilities (hereinafter referred to as “instant condominium building” in total of 41) shall be referred to as “instant condominium building” in total of 41 sections.

D) On September 29, 2006, a notary public prepared a promissory note No. 859 on November 30, 2006 (hereinafter “notarial deed of this case”) with D, payees, face value amounting to KRW 200,000,000, and the due date for payment, and issued it to the Defendant.

(3) E, D, and G (hereinafter “G”) thereafter.

On October 30, 2006, the Plaintiff agreed to change the name of the purchaser of the instant aggregate building into G and completed the registration of ownership transfer in the name of G on October 30, 2006. (B) On May 28, 2009, the Plaintiff was issued a provisional attachment order of real estate as Seoul Eastern District Court 2009Kadan6027 on the instant aggregate building with the wage claim of KRW 55 million against G as the preserved right.

2) On August 27, 2009, the Plaintiff filed a lawsuit against G with the Seoul Eastern District Court No. 2009Da30374, and filed a lawsuit for wage payment from the above court on August 27, 2009, stating that “Defendant (G) shall pay to the Plaintiff KRW 55 million and the amount equivalent to 20% per annum from July 15, 2008 to the date of full payment” (hereinafter “instant judgment”).

(C) The above judgment was finalized on October 7, 2009. (c) On October 30, 2006, the Defendant completed the registration of creation of collateral security (hereinafter “instant collateral security”) with respect to the creditor, debtor D, and maximum debt amount of KRW 400 million with respect to the first floor No. 101 (hereinafter “instant partitioned building”).

2. On November 23, 2012, the Defendant is a sectioned building of this case based on the instant collateral security.

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