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(영문) 의정부지방법원 2016.07.06 2015가단118205
배당이의
Text

1. With respect to the compulsory auction cases involving the Gu Government District Court E, F (Dual), G (Dual) real estate, the above court shall have jurisdiction over the compulsory auction cases of September 10, 2015.

Reasons

1. (1) A and Defendant C are those whose de facto marital relationship was terminated, and Defendant C completed the registration of transfer of ownership (hereinafter “the instant registration of transfer”) on July 23, 2010 as to the real estate listed in the separate sheet (hereinafter “instant real estate”), which is the H’s property, due to the sale on July 16, 2010.

(2) For the purpose of securing a claim regarding KRW 100 million of loans held by H and interest in arrears, the Plaintiff issued a provisional disposition prohibiting the disposal of real estate (the right to preserve is the right to claim the cancellation of the registration of transfer of ownership by the revocation of fraudulent act) in this Court, and completed the registration of provisional disposition on October 8, 2012 with regard to the instant real estate as stipulated under Article 39633 of the receipt of the above registry office.

(3) On September 26, 2012, the Plaintiff filed a lawsuit against H and Defendant C with this Court No. 2012Gadan43997. On November 26, 2013, the said court rendered a judgment that “I shall pay to the Plaintiff, and H shall pay KRW 100 million, and Defendant C shall cancel the registration of transfer of this case, which was completed the instant real estate,” and the said judgment became final and conclusive on January 29, 2015, on which Defendant C appealed appealed against this and appealed on January 8, 2015.

(4) On September 6, 2012, Defendant B concluded a real estate lease agreement of KRW 110,000,000 for the rental deposit with Defendant C (the former owner) as the lessor, and Defendant B as the lessee.

Defendant B paid KRW 10,00,000 as the down payment on the same day, and paid the remainder of KRW 100,000,000 on October 25, 2012, and received the instant real estate on the same day, and completed the move-in report on resident registration on October 25, 2012, and received the fixed date on the same day.

(5) The Plaintiff filed an application for compulsory auction of real estate as F of this Court with respect to the above real estate with the above finalized judgment as the executive title.

On the other hand, the notary public of December 10, 2013, which Defendant C had against H, Law Firm Multiurur 2013 No. 1693.

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