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(영문) 서울남부지방법원 2018.09.21 2017가단226463
근저당권말소
Text

1. The defendant on October 2010 registered office of the Jung-gu District Court with respect to the apartment as stated in the attached list to D Co., Ltd.

Reasons

1. Basic facts

A. Defendant Intervenor’s Intervenor’s registration of ownership transfer 1) E is jointly with FF Company G, H, and I’s 114 apartment units on the Gyeonggi-do G, H, and I’s ground (hereinafter “instant apartment unit”).

) A new project was conducted by E and J on February 6, 1998, and thereafter, the project undertaker is the E and J on May 17, 2002, Kro Co., Ltd. and L Co., Ltd. on March 17, 2004, and M Co., Ltd. on May 27, 2004 (hereinafter “M”).

2) The registration of ownership transfer was completed on December 6, 2004, when M completed the registration of application for compulsory auction by creditor N, and the registration of the decision to commence compulsory auction (O) was completed on the same day. The Defendant assistant intervenor completed the registration of ownership transfer on November 19, 2004 as to the above apartment on the same day on the same day on the ground that M completed the registration of ownership transfer on November 19, 2004 (hereinafter “instant sales contract”).

B. P and Q alleged that the instant sales contract was a fraudulent act on around 2009, the instant provisional disposition and the Defendant’s assistant intervenor’s deposit 1) P and Q claimed as a creditor of M were subject to provisional disposition on the provisional disposition of prohibition of disposition and provisional disposition of prohibition of disposal against some of the instant apartment units (hereinafter “instant provisional disposition of prohibition of disposal”) by asserting that the instant sales contract was a fraudulent act (hereinafter “instant provisional disposition”).

(2) Accordingly, the Defendant’s assistant intervenor filed an application for provisional disposition on August 25, 2010 on the condition that the Defendant deposit KRW 300 million with respect to P and Q as collateral, as the Government District Court Decision 2009Kadan4698 (Appeal Case No. 2010Ra53), and 2009Kahap671 (Seoul High Court Decision 2010Ra141), and that the provisional disposition was revoked on August 25, 2010 on the condition that the Defendant’s assistant deposits KRW 370 million with respect to P and Q as collateral.

3) Accordingly, on August 31, 2010, the Defendant’s Intervenors KRW 300 million as the security deposit for the revocation of the instant disposition prohibiting the instant disposition.

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