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(영문) 서울서부지방법원 2015.02.13 2014가단27947
배당이의
Text

1. Seoul Western District Court D and E (Dual) Real Estate Compulsory Auction case is the Seoul Western District Court on June 27, 2014.

Reasons

1. Grounds for recognition;

A. On June 4, 2009, the Seoul Family Court rendered the first instance judgment ordering F to pay KRW 320,000,000 to the Plaintiff as division of property in the case of the Plaintiff’s claim against F (1) and the Plaintiff and F, Seoul Family Court Decision 2008Dhap7093 (Mains) and 2008Dhap7109 (Counterclaim) between the Plaintiff and F.

(2) On April 28, 2010, the Seoul High Court (Seoul High Court 2009uuu1993) and the Seoul High Court 2009uuu202 (Counterclaim) rendered a judgment of the second instance ordering F to pay the Plaintiff KRW 340,00,000 to the division of property. The second instance judgment became final and conclusive around that time.

B. On July 31, 2009, F completed the F’s disposal of property and related litigation (1) with respect to G, H, I, and J (hereinafter “four persons, including G, etc.”) on July 31, 2009, the F completed the provisional registration of the right to claim ownership transfer registration on the ground of the pre-sale agreement on July 30, 2009 with respect to the land No. 125-dong 1201 (hereinafter “instant apartment”).

(2) Defendant B asserted that it lent KRW 91,50,000 to F as Seosan District Court Branch 2009Kadan1776, and filed an application for provisional seizure on the instant apartment in order to preserve the above loan claim (hereinafter “the instant loan claim”), and completed the provisional seizure registration on the instant apartment on October 1, 2009 by obtaining a ruling of citing it from the Daejeon District Court on October 1, 2009.

(3) On October 1, 2009, Defendant C received a decision on provisional seizure of the claim amounting to KRW 25,000,000 against F as Kuyang-gu District Court 2009Kadan6114 on October 1, 200, and completed provisional seizure registration on the instant apartment on the same day.

(4) In addition, on November 17, 2009, the Plaintiff received the Seoul High Court Decision 2009 businesshap34 on November 17, 2009 on the provisional seizure of the claim amounting to KRW 200,000,000 in order to preserve F’s claim for division of property, and completed the provisional seizure registration on the instant apartment on the same day.

(5) The F is the instant case to 4 persons G et al. on May 14, 2010.

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