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(영문) 창원지방법원밀양지원 2020.01.22 2019가단11632
배당이의
Text

1. It is prepared by the same court as regards the compulsory auction case of Changwon Branch District Court B real estate B, which is entered into May 7, 2019.

Reasons

1. Basic facts

A. On March 27, 2015, the Defendant entered into a sales contract to purchase D land and ground buildings E-dong and F-dong (hereinafter “instant building, etc.”) for KRW 340,000,000 (hereinafter “instant contract”), and completed the registration of ownership transfer for the instant building, etc. in the future of the Defendant.

B. The Plaintiff filed a lawsuit against the Defendant for the revocation of the instant contract and the revocation of a fraudulent act seeking restitution against the Defendant, as the Incheon District Court Decision 2016Kadan220586, and the Plaintiff filed a lawsuit for the revocation of the instant contract and restitution to the original state. On October 26, 2016, C paid KRW 46,331,112 to the Plaintiff and the delay damages therefrom, and the Defendant was sentenced to the Plaintiff to pay compensation for the value following the revocation of the instant contract.

Accordingly, on March 29, 2017, the Defendant appealed as Incheon District Court 2016Na63074, and on March 29, 2017, the judgment was rendered that “The contract of this case is revoked, and the Defendant will implement the procedure to cancel the ownership transfer registration that completed with respect to the building of this case, etc.” and became final

C. The Small and Medium Business Corporation filed a lawsuit against the Defendant seeking revocation of a fraudulent act seeking revocation, etc. of the instant contract with the Changwon District Court 2016Kadan11303, and the aforementioned judgment and the decision of recommending reconciliation was finalized on March 15, 2018.

Accordingly, the Defendant filed an application with Changwon District Court for a payment order against Changwon District Court Decision 2018Ka69 to recover KRW 340 million of the purchase price of the instant building, etc. and damages for delay thereof. On March 23, 2018, the payment order issued to the Defendant that “C shall pay KRW 340 million to the Defendant and its losses for delay.” The payment order was finalized around that time.

E. According to the above decision of revocation of fraudulent act, after the owner of the building, etc. of this case transferred to C in the name of the owner, a compulsory auction case for real estate was conducted as the Changwon District Court closely supported B with regard to the building, etc. of this case.

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