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(영문) 서울고등법원 2015.09.16 2013나2017009
배당이의
Text

1. The plaintiff's appeal is dismissed.

2. The Plaintiff’s Intervenor’s motion to intervene in the case is dismissed.

3...

Reasons

1. Basic facts

A. (1) On May 2005, the Plaintiff was declared bankrupt on January 4, 2012, Seoul Central District Court Decision 201Hau158, and A was appointed as a trustee in bankruptcy.

The trustee in bankruptcy shall be referred to as "Defendant Self-Construction" in total;

(2) On January 10, 2008, Defendant Hod Construction completed the commercial building and parking-only building (hereinafter “instant building”) on the following grounds: (a) around that time, the Plaintiff obtained approval for the use of the instant building from the head of Mapo-gu Seoul Metropolitan Government.

B. 1) On September 7, 2007, the registration of ownership transfer was completed with respect to the building of this case under the name of the Plaintiff on Sep. 7, 2007. On October 26, 2007, the head of Mapo-gu Seoul Metropolitan Government seized the building of this case on the taxation claim against the Plaintiff and completed the registration of seizure in the register of the building of this case on the same day. In addition, on November 1, 2007 at the request of the Plaintiff E, the provisional attachment order of KRW 1,035,452,050 was issued on November 1, 2007 and the provisional attachment registration was completed in the register of the building of this case on the same day. 2) On November 8, 2007, F, the Plaintiff’s creditor, filed an application for compulsory auction decision of this case with the Seoul District Court on July 1, 2007.

Likewise, with respect to the building of this case to the Seoul Western District Court, based on an executory exemplification of the judgment on November 8, 2007 (Seoul Western District Court 2005Gahap11961, Seoul High Court 2006Na6847, which is the Plaintiff’s creditor, H, I, J, K, and Kdodo.

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