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(영문) 서울고등법원 2016.03.03 2015나2030273
배당이의
Text

1. The part against Defendant B in the judgment of the first instance is modified as follows:

Seoul Northern District Court I. I.

Reasons

1. Basic facts

A. J’s purchase of the instant real property 1) On February 1, 2010, between K and K, the husband of Defendant B, on February 1, 2010, the J as the “instant real property” by combining the land and the above-ground buildings owned by K, Dongdaemun-gu Seoul, Dongdaemun-gu, and its ground buildings (hereinafter “land and the above-ground buildings”).

(2) When entering into a pre-sale agreement to purchase the instant real estate in KRW 400 million, the date of the completion of the sale shall be August 1, 2010, and the sales contract is concluded as a matter of course without any separate declaration of intention at the arrival of the said date. K received the said purchase price from J and at the same time agreed to deliver the said real estate to J. The J paid 30 million won as a pre-sale deposit, and the said amount was to be deducted from the purchase price. (2) On February 2, 2010, J completed the provisional registration of the right to claim transfer of ownership on the instant real estate on the ground of the pre-sale agreement as of February 1, 2010, and completed the registration of ownership transfer on the ground of sale on January 12, 2012.

B. On January 201, 2010, the Plaintiff (i) lent KRW 330 million to K to K, and K (ii) for the same year.

3. Around September, 2009, a notary public drawn up an authentic copy of a notarial deed of a monetary loan for consumption with executory power over the above money to the Plaintiff as No. 352, 2009.

On the same day, the Plaintiff received a claim seizure and collection order as Seoul Northern District Court 2010 other 3706 from the Seoul Northern District Court with respect to the money until it reaches KRW 337,740,684 out of the above purchase price claim against K with the title of execution. The above claim seizure and collection order were served to J on March 12, 2010.

2. On May 2, 2012, the Plaintiff filed a lawsuit against J under the Seoul Northern District Court 2012Gahap20530, the Plaintiff filed a claim for the collection amount according to the above order of seizure and collection. On December 27, 2012, “J” and “the Plaintiff KRW 337,740,384.”

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