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(영문) 의정부지방법원 2020.09.01 2019가단104129
배당이의
Text

The distribution schedule prepared by the above court on February 13, 2019 with respect to the compulsory auction of real estate C by the District Court C.

Reasons

1. Facts of recognition;

A. (1) On November 24, 2016, the Plaintiff filed a lawsuit against D and the Defendant seeking a loan and a revocation of fraudulent act (Seoul Eastern District Court 2016Kadan143278). The Plaintiff lent KRW 90 million to D until September 18, 2015, and D, which bears the Plaintiff’s obligation, is the only property indicated in the separate sheet (hereinafter “instant real estate”).

(D) On June 26, 2018, “D shall pay to the Plaintiff 90,00,000 won per annum from September 18, 2015 to December 5, 2016, and 15% per annum from the next day to the date of full payment. D and the Defendant shall cancel the promise to sell and purchase the instant real estate concluded on November 4, 2015. The Defendant shall cancel the promise to sell and purchase the instant real estate, which was concluded on November 4, 2015, with respect to the registration of cancellation of the right to claim for transfer of ownership completed on November 5, 2015 (hereinafter “instant judgment”). The judgment that “D shall implement the procedure for registration of cancellation of the right to claim for transfer of ownership, which was completed on November 5, 2015,”

(2) D and the Defendant appealed the above judgment (Seoul Eastern District Court Decision 2018Na26514) but the dismissal of the appeal was sentenced on April 17, 2019, and D and the Defendant appealed (Supreme Court Decision 2019Da231328) on June 17, 2019 (Supreme Court Decision 2019Da231328). The Defendant’s appeal was dismissed on July 25, 2019 and became final and conclusive around that time.

B. On July 27, 2018, the Plaintiff filed an application for a compulsory auction on the instant real estate with the title of execution and commenced the procedure for compulsory auction by applying for a compulsory auction on the instant real estate.

(Korean District Court C, hereinafter referred to as the “instant auction procedure”).

On September 9, 2018, the Defendant submitted a report on rights and a demand for distribution at the instant auction procedure. On September 3, 2018, Seoul Eastern District Court Decision 2018 tea3575, based on D’s credit.

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