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(영문) 서울서부지방법원 2018.02.08 2017가합766
배당금양도
Text

1. The Defendant was drafted on February 14, 201, in the case of application for a compulsory auction of real estate by Jung-gu District Court C, the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 8, 2013, the Plaintiff filed a lawsuit (Seoul Central District Court 2013Da36307) against D seeking the delivery of stores and the payment of rent, etc. on the grounds of the termination of sub-lease contract with respect to subparagraph 19-22 of the Seocho-gu Seoul Metropolitan Building, and on September 27, 2013, the said court dismissed the appeal by the aforementioned judgment of 205Da275 decided that “D delivers the store to the Plaintiff, and KRW 15,568,000, and KRW 18,000 per month from April 25, 2013 to the completion of the delivery of the said store, and KRW 10,00,000 per annum from March 27, 2013 to September 27, 2013, and KRW 20% per annum from September 27, 2013 to the completion date of the payment.”

B. On July 18, 2013, D entered into a pre-sale agreement with F on each real estate listed in the separate sheet (hereinafter “instant real estate”) and completed on July 19, 2013 the provisional registration of the right to claim ownership transfer registration (hereinafter “instant provisional registration”) with F, and F completed the additional registration prior to the instant provisional registration on April 8, 2014 to the Defendant on the ground of contract transfer on April 8, 2014.

C. On April 2, 2015, the Plaintiff filed a lawsuit against the Defendant for the implementation of the procedure for registration of cancellation of the provisional registration of this case on the ground that the promise to sell and purchase between D and F was a fraudulent act. On January 6, 2017, the said court rendered a judgment that “F and D implement the procedure for registration of cancellation of the provisional registration of this case” with D, and the said judgment became final and conclusive on February 1, 2017.

The defendant applied for a compulsory auction on June 2, 2016 for a compulsory auction on the real estate of this case to the Speaker District Court C with respect to a claim claim under a promissory note No. D with respect to the real estate of this case, and the procedure for compulsory auction was commenced on June 2, 2016. The provisional registration of this case on January 17, 2017.

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