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(영문) 인천지방법원 2016.12.02 2016가합55178
배당이의
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 27, 2011, the Plaintiff’s summary of the Plaintiff’s assertion was transferred the ownership of H, I, J, K, and K ground reinforced concrete structure’s nine-story multi-family housing (multi-family housing) and nine-story underground floor of neighborhood living facilities (hereinafter “instant building”).

L and M, upon obtaining the building permit of the instant building on April 20, 2006, completed the structural construction up to the sixth floor above the ground, and on August 13, 2007, to sell the building site and the building under construction to the Handong General Construction Co., Ltd. for the purchase price of KRW 850 million, and completed the structural construction and the outer construction up to the nineth floor.

However, the above company failed to pay L, etc. the balance of the sales deposit amount of KRW 650 million, and the above sales contract was rescinded, and L, etc. and the above company agreed to transfer the name of the building in this case to the Plaintiff, who is the husband of M.

With respect to the cases of Non-01, Non-02, Non-01, 101, 201, 301, 302, 401, 402, 501, 502, 601, 602, 701, 702, 801, 802, 901, 902, and 902 of the building of this case before the Plaintiff acquired ownership, the Defendants who are creditors of Ildong Integrated Construction Co., Ltd. and the registration of the decision to commence compulsory auction [the registration of the decision to commence compulsory auction of this case (the Incheon District Court 2008Kahap738, May 21, 2008) by Defendant B’s request for compulsory auction (the Seoul District Court 2008DaDa738, Jun. 25, 2008), the Plaintiff had already received the decision to commence compulsory auction of this case (the decision to commence compulsory auction of this case) by Defendant C Co., Ltd.

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