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(영문) 부산지방법원동부지원 2020.02.13 2019가단220702
대상청구 등
Text

1. The defendant,

A. Nonparty C (D birth) on August 2019 in Busan District Court’s Dong Branch E real estate auction case.

Reasons

Facts of recognition

With respect to Nonparty C (D birth), the Plaintiff has 22,395,072,40 won and damages for delay on February 29, 2015 based on the Seoul Central District Court Decision 2013Gahap513658 Decided February 29, 2015.

According to the above decision of recommending reconciliation, the Plaintiff filed a lawsuit against the Defendant for demanding the performance of the procedure for ownership transfer registration due to the termination of title trust by subrogation of C, and the judgment of “the Defendant shall implement the procedure for ownership transfer registration due to the termination of title trust on July 27, 2015 with respect to each of the real estate listed in the separate sheet” (Supreme Court Decision 2015Da10247 Decided July 21, 2016, Busan District Court Decision 2015Da10247 Decided July 21, 2016). The above judgment was dismissed in order by the Defendant’s appeal and the appeal by the Defendant, and became final and conclusive on May 12, 2017.

However, according to the application of Nonparty F, the auction procedure for the apartment of this case, at the request of Nonparty F, the person having the right to lease the apartment of this case, as stated in attached Table No. 2 (hereinafter “instant apartment”).

(B) On October 1, 2018, there was a decision to commence the sale of real estate on October 1, 2018.

(F) On the other hand, on February 25, 2019, the Plaintiff completed the registration of ownership transfer for 1/2 shares of the apartment of this case by subrogationing C on February 25, 2019.

On July 26, 2019, sale was made to a third party through a voluntary auction.

On August 28, 2019, F, who is a person having chonsegwon, was apportioned KRW 290 million in the first priority order on the date of distribution, and the second priority was made up a distribution schedule that receives full dividends of KRW 205,805,808.

On the other hand, the plaintiff issued a provisional disposition prohibiting the disposal of the dividend receipt claim amounting to 102,902,904 won, which corresponds to 1/2 of the defendant's dividend receipt claim on behalf of C.

(Final District Court's East Branch's 2019Kadan10306 Provisional Disposition) / [Ground]: Judgment on the absence of dispute, each entry of Gap 1 through 6 evidence, and the exercise of the entire purport of the pleading.

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