(영문) 서울남부지방법원 2014.10.10 2013가합15075

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(영문) 서울남부지방법원 2014.10.10 2013가합15075

배당이의

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff had the intent to purchase the Gangseo-gu Seoul Metropolitan Government F apartment 101 Dong 905 (hereinafter “instant apartment”) in the name of G, and the purchase price of G and the instant apartment shall be borne by the Plaintiff, but the Plaintiff entered into a contract title trust agreement (hereinafter “instant title trust agreement”) under which the name of the purchaser under the contract and the name of the owner on the register shall be the name of G.

B. On July 16, 2009, G purchased the instant apartment from H from H in return for KRW 400,000,000 pursuant to the instant title trust agreement, and concluded a sales contract with H in lieu of succeeding to the obligation to return KRW 180,00,000, out of the amount of KRW 180,000,000, the lessee of the instant apartment.

H completed the registration of ownership transfer with respect to the instant apartment on September 15, 2009 according to the said sales contract.

C. On February 21, 2012, G completed the registration of establishment of the maximum debt amount of KRW 45,00,000,000 with respect to the instant apartment, which was received on February 21, 2012 by the Seoul Southern District Court, the Gangseo-gu Office of Registry of the Seoul Southern District Court, and the debtor G and the debtor as the defendant B (hereinafter “instant 1-mortgage”). The registration of establishment of the 75,00,000,000, the maximum debt amount of which was received on May 3, 2012 with respect to the instant apartment, and the establishment of the 1-mortgage and the 2-mortgage with the debtor as the defendant C (hereinafter “instant 2-mortgage”).

On June 15, 2012, the Plaintiff was issued a provisional attachment order by Seoul Southern District Court 2012Kadan70611 with respect to the instant apartment (hereinafter “the provisional attachment order of this case”). On the same day, the entry registration of the provisional attachment order of this case was completed with respect to the claim amount of the instant apartment, KRW 450,000,000, and the entry registration of the provisional attachment order of this case to which the Plaintiff is the Plaintiff.

E. Defendant B is based on the first mortgage of this case.

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