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(영문) 청주지방법원제천지원 2016.11.09 2016가단1157
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant received the registration of ownership transfer on August 5, 201 with respect to the area of 5348 square meters (hereinafter “D land before subdivision”) prior to Jeju-si, and completed the registration of ownership transfer on the same day by completing the registration of creation of a neighboring mortgage with the obligor E, the maximum debt amount of KRW 195,000,000 (hereinafter “instant 1-mortgage”), and on August 11, 201, the Defendant completed the registration of ownership transfer on the grounds of sale to F on July 27, 2011.

B. On August 8, 2013, the D land prior to subdivision was partitioned into each land indicated in attached Tables 1 through 3 (hereinafter “instant land”) and 529 square meters prior to Docheon-si (hereinafter “instant land 4”).

C. On June 12, 2013, the Defendant agreed with F to cancel the sales contract for the land Nos. 1 through 4 of this case, and F agreed to complete the registration of ownership transfer for each of the above land to the person designated by the Defendant.

F Following the Defendant’s designation, on August 22, 2013, the F completed the registration of ownership transfer on the grounds of sale as of August 6, 2013 to G Co., Ltd. (hereinafter “G”) on the instant land Nos. 1 through 4.

On the same day G had the registration of the establishment of the first place of the instant land No. 4 from the Newcheon Saemaul Bank, and the debtor of the first place of the instant land No. 1, 2, and 3 was changed from H to “G” as the defendant's children.

E. G is as above D.

After completing the registration of ownership transfer for the land of this case as described in paragraph (1) through (4), the Defendant received the registration of ownership transfer for each land on the same day, and completed the provisional registration of ownership transfer claim on August 22, 2013 for each land.

(B) On May 15, 2014, the Plaintiff constituted the maximum debt amount of KRW 60,000,000 and the debtor G with respect to the real estate Nos. 1 through 4 of this case from G from May 15, 2014.

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