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(영문) 서울중앙지방법원 2016.08.17 2016가합7888
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 6, 2002, New Asia SP Co., Ltd. (hereinafter “New Asia SPS”) completed the registration of transfer of ownership of the Seocho-gu Seoul Metropolitan Government GJ 470.8 square meters (hereinafter “instant real estate”).

In addition, H completed the registration of ownership transfer with respect to one half of the instant real estate on September 6, 2002, and the instant real estate was jointly owned by new IS and H, respectively.

On the other hand, H completed the provisional registration of the right to claim transfer of ownership against one half of the real estate in this case of new ISS on the same day.

B. On October 22, 2002, Defendant C filed an application for provisional attachment with the Seoul Central District Court 2002Kadan5627, with respect to one half of the instant real property of the New LAS as the claim amount, and executed the loan against New LAS on October 22, 2002.

C. On November 27, 2002, I, J, and K received the provisional registration of the right to claim for transfer of ownership against shares of 33.058 shares, 470.8 shares, 16.53 shares, 470.8 shares, and 6.11 percent of 470.8 shares, of the instant real estate from New Asia, in order to secure the right to claim for return of the principal and interest of each investment of New Asia SP.

(hereinafter “each provisional registration of this case”) D.

On December 5, 2002, H completed the principal registration of transfer of ownership on the basis of the provisional registration of his right to claim transfer of ownership, as described in the above paragraph (a), and accordingly, each of the provisional registrations of this case established after H’s right to claim transfer of ownership was revoked.

E. However, in a lawsuit filed against H by I, J, and K on behalf of I, J, and K, etc. against H, the judgment was finalized as it became final and conclusive to comply with the procedure for cancellation of the above principal registration, and the principal registration of H was cancelled on November 2, 2009.

F. On January 18, 201, New Asia sold 33.4/8 shares in the instant real estate (hereinafter “instant shares”) to the business suspension fee Co., Ltd. (hereinafter “Suspension fee”).

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