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(영문) 인천지방법원 2020.04.29 2019나56992
배당이의
Text

1. Revocation of a judgment of the first instance;

2. As to the auction of the real estate deposit C with the Incheon District Court Busan District Court.

Reasons

1. Basic facts

A. The parties’ family relationship 1) The Plaintiff is the legal couple married between L and E on June 14, 2014, and L is M and E’s children. 2) M and E were married on October 6, 1987, but M filed a divorce lawsuit against E on June 26, 2014, and the mediation was concluded on October 20, 2014.

B. On January 14, 2014, E had the administrative jurisdiction and parcel number changed from the Kimpo-si in the N and Kimpo-si F to the F in Kimpo-si, Kimpo-si on January 14, 2014. G apartment H (hereinafter “instant apartment”). G apartment H (hereinafter “the instant apartment”).

(2) On January 14, 2014, E paid 12,00,000 won as down payment, and 218,800,000 won as of March 27, 2014, respectively, to N on the instant apartment on March 27, 2014.

3) E is a stock company D (hereinafter “D”) operated on March 12, 2014 from M.

The Plaintiff received KRW 50,00,000 from the account, and received KRW 10,00,000 from the Plaintiff to the said D account, respectively, on March 13, 2014, and KRW 7,000,000 on March 14, 2014. Meanwhile, on March 27, 2014, E created a collateral security right with the maximum debt amount of KRW 160,20,000 to the O Co., Ltd., and a collateral security right with the maximum debt amount of KRW 28,60,000 to P, respectively.

C. On January 28, 2015, E (hereinafter “K”) with respect to the instant apartment on January 28, 2015.

(2) On January 29, 2015, E established the right to collateral security with a maximum claim amount of KRW 210,000,000, and revoked each of the right to collateral security established against O Co., Ltd. and P Co., Ltd. on September 3, 2015. (2) On September 3, 2015, E and the Defendant concluded a contract to collateral security (hereinafter “instant right to collateral security”).

3 E concerning the apartment of this case to the defendant on September 4, 2015.

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