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1. The defendant is the Seoul Western District Court F. 302 against D (the last address: Seodaemun-gu Seoul Western-gu E apartment 302).
Reasons
1. The facts below the facts of recognition do not conflict between the parties or may be admitted by taking account of the whole purport of the pleadings in each entry in Gap evidence of Nos. 1 to 7 (including the branch numbers if any).
The Plaintiffs filed a lawsuit against the Defendant and Nonparty D with the Seoul Western District Court on December 5, 2013 regarding the instant case, including the deposit for lease on a deposit basis, etc. The said court rendered a payment to the Plaintiff at the rate of 20% per annum (20% per annum from July 5, 2013 to the date of full payment). Defendant C and Defendant D’s payment of the amount of KRW 60 million to the Plaintiff, KRW 50 million, and KRW 50 million to the Plaintiff, respectively, was revoked on October 17, 2008. Defendant C revoked the sales contract concluded on October 17, 2008 with respect to the instant real estate under the Seodaemun-gu Seoul Western District Court’s registration office of Seodaemun District Court on December 13, 2008, the said judgment became final and conclusive as to the registration of ownership transfer (hereinafter “instant registration”). Defendant C’s execution of ownership transfer was revoked by the Seoul Western District Court.
(hereinafter “instant judgment”). (b)
On the other hand, on September 15, 201, Plaintiff B and Nonparty G received a provisional attachment order of KRW 105,000,000 for the claim amount of Seoul Western District Court 201Kahap1316, and Plaintiff A received a provisional attachment order of KRW 60,00,000 for the claim amount of Seoul Western District Court 201Kadan1141, and Plaintiff A received a provisional attachment order of KRW 60,000 for the claim amount of KRW 20,000.
C. However, prior to the cancellation of the registration of transfer of ownership in the name of Defendant C pursuant to the instant judgment, the sale of the instant real estate was made by voluntary auction at the creditor’s request of the Seoul Western Saemaul Depository, Seoul Western District Court. On May 26, 2015, Nonparty H and I, who is the successful bidder, completed the registration of transfer of ownership. Accordingly, the execution of the registration of transfer of ownership in the instant case became impossible.
The auction court shall make a distribution schedule in F of the Seoul Western District Court, the above auction case.