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(영문) 대전지방법원 서산지원 2018.11.08 2017가합51206
배당이의
Text

1. On August 18, 2017, as to the case of the application for a voluntary auction of real estate C with the Seosan District Court of Daejeon District Court, the said court was prepared.

Reasons

1. Basic facts

A. On February 27, 2004, the Plaintiff applied for the purchase of real estate in the name of D and the provisional attachment and payment order of the Plaintiff (1) on February 27, 2004, and E and F (hereinafter “Plaintiffs, etc.”) as well as E and F.

In addition to G, the location of real estate H (hereinafter referred to as “real estate location”) from Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, shall be indicated only below the lot number.

(2) On February 27, 2004, the Plaintiff, etc. recommended D to participate in the sales contract on 1.65 million won for the purchase of part of I and part of I (15,000 square meters) (hereinafter “sales contract on February 27, 2004”), paid the down payment of KRW 1.55 million on the day, and paid the intermediate payment of KRW 650 million on April 7, 2004, the remainder of KRW 845 million on April 30, 2005, respectively. However, the Plaintiff, etc. recommended D to participate in the sales contract on 200 million for the said reason that it is not capable of paying the intermediate payment to G, and that D will bear KRW 30 million out of the intermediate payment, and that it would be included in the sales contract on 200 million on February 27, 2004 and the Plaintiff, etc. as a party to the sales contract on 200 million on 304 square meters on 204.

Plaintiff

On March 26, 2004, D paid KRW 650,000 to G as an intermediate payment.

3) Thereafter, on August 2, 2007, G sold KRW 3,444, which is part of H and I, to J for KRW 800 million. On September 2, 2008, the Plaintiff, etc., J and D independently purchased KRW 18,948, including the subject matter of the sales contract and 3,444 square meters as of March 22, 2004 and 3,44 square meters as purchased by J from H and I forest (hereinafter “instant sales contract”).

A) The Plaintiff, etc. entered into a contract with the intent to withdraw from the sales contract on March 22, 2004 at that time, and entered the date of preparation in June 10, 2005. 4) Part of H is K forest land 29,002 square meters and L forest land 4,731 square meters, and part of I among H is M forest land 65,442 square meters, respectively.

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