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(영문) 대구지방법원 포항지원 2018.04.10 2017가단320
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts D (EE and death around December 2014) are the mother of F and G siblings, and the Plaintiff is the wife of G.

The defendant operated the bond business around 2005.

D On April 11, 2005, 2005, 201, 201, 201, 201, 201, among 4th apartment units of H 4th floor at the port of port (hereinafter “instant real estate”) was sold at the voluntary auction procedure and completed the procedure on May 13, 2005.

D With respect to the instant real property, the registration was completed on November 18, 2005 by the Daegu District Court Pohang Port Branch on the ground of the pre-sale agreement, and on November 18, 2005, the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on November 18, 2005.

After that, D completed the registration of ownership transfer to I (F's wife) on December 28, 2006 due to the sale on December 27, 2006, and I completed the registration of ownership transfer to the Plaintiff on December 3, 2015 due to the sale on November 18, 2015.

On December 30, 2015, based on the provisional registration of this case on the premise that the above provisional registration is a provisional registration for security, the Defendant filed an application for auction at will with the court for auction at will on December 4, 2016, with the "35 million won and damages for delay calculated at the rate of 30% per annum from November 7, 2005 to the date of full payment (the amount of loans extended to J as of November 7, 2005)", which is calculated at the rate of 30% per annum from November 7, 2005 to the date of full payment.

On January 12, 2017, this Court prepared a distribution schedule to distribute KRW 54,911,451, which is the full amount to be distributed to the defendant who is the applicant creditor and the person holding the provisional registration to hold concurrent office.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. The Plaintiff’s assertion and judgment are provisional registration for preserving the order of priority based on the purchase and sale reservation rather than the provisional registration for security, and the right to completion of the reservation was extinguished upon the lapse of the period of exclusion on November 18, 2015, which was later than 10 years from November 18, 2005, the date of the purchase and sale reservation. As such, the Plaintiff’s assertion and judgment against the Defendant.

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