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(영문) 서울고등법원 2017.02.10 2016나2052546
배당이의
Text

1. Of the judgment of the court of first instance, the part concerning the Defendants, including the claim modified by this court, is as follows.

Reasons

1. The following facts of the case are found to be without dispute between the parties, or acknowledged in Gap evidence Nos. 1 to 4, 6, and Eul evidence Nos. 1 to 8 (including numbers, if any, and hereinafter the same shall apply) by considering the overall purport of the pleadings:

A. H and Defendant C are those whose de facto marital relationship was terminated, and Defendant C completed the registration of transfer of ownership (hereinafter “instant registration of transfer”) No. 31243 on July 23, 2010 regarding the real estate listed in the separate sheet, which is H’s property (hereinafter “instant real estate”) on July 16, 2010, for sale and purchase on July 23, 2010.

B. On September 26, 2012, the Plaintiff filed a lawsuit against H and Defendant C with the District Court 2012Gadan43997, and the said court rendered a judgment on November 26, 2013 that “H shall pay the Plaintiff KRW 100 million and its delay damages, and the sales contract between H and the Defendant for the instant real estate shall be revoked as of July 16, 2010, and Defendant C shall implement the procedure for the cancellation of the registration of the instant transfer registration to H, while Defendant C appealed appealed against this and appealed was dismissed on January 8, 2015, the said judgment became final and conclusive on January 29, 2015.

(hereinafter referred to as the “instant judgment”). C.

The Plaintiff filed an application for a compulsory auction on the instant real estate with the Jung-gu District Court Fright to the instant real estate with the title of execution.

Meanwhile, as of December 10, 2013, Defendant C also filed an application for compulsory auction of the instant real estate with the above court E on the basis of the authentic copy of a promissory note with executory power of Daur 2013No. 1693, which was held against H. Defendant D also filed an application for compulsory auction of the instant real estate with the above court E, and Defendant D also filed an application for compulsory auction of the instant real estate with the government district court G District on the basis of the executory payment order of the loan case No. 2014j1071, which was held against H.

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