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(영문) 서울남부지방법원 2016.08.19 2015가단64128
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D, the former president of C, operated G in the name of E and F, and G purchased from H on June 18, 2001 in the name of E and F, and completed the registration of ownership transfer with respect to the instant land as E/10 of equity and F/10 of equity shares on June 20, 201 after having purchased from H on June 18, 2001.

B. G was a business that newly constructs and sells a 4th underground floor and J Building, which is an aggregate building with the 12th ground on the instant land (hereinafter “instant aggregate building”), and all procedures for the said business were conducted in the name of E/F registered as a G business entity.

C. After the completion of the instant aggregate building, on October 7, 2004, the registration of ownership preservation was completed with E/10 of shares and 1/10 of F shares as to each of the divided ownership. At the time, the instant land was incorporated into land which is the object of the site ownership of each section for exclusive use.

Of the instant condominiums, the registration of transfer of ownership was completed on June 1, 2009 in the name of the Plaintiff, which was the wife of F on June 1, 2009, with respect to Nos. 204, 205, 206, 207, 208, 208, 221, and 2222 (hereinafter “instant households”).

E. Of the instant households, the registration of the establishment of a neighboring mortgage established as the joint collateral of 204, 205, 206, 207, and 208 was completed on June 1, 2009 by the joint collateral of 364 million won, the maximum debt amount of the debt amount of June 1, 2009, the debtor, the plaintiff as the right to collateral security, and the Seoul Livestock Industry Cooperative. Of the instant households, the registration of the establishment of a neighboring mortgage established as the joint collateral of 221 and 222, among the instant households, was completed on June 1, 2009 by the joint collateral of 1.4 million won, the maximum debt amount of the debt amount of 1.4

F. Meanwhile, as of October 21, 2010, the Defendant filed a lawsuit against the Plaintiff, etc. to cancel the registration for the preservation of ownership (No. 1: Seoul Central District Court Decision 2010Gahap122822, Seoul High Court Decision 2012Na17211, Apr. 19, 2013). On the other hand, the said appellate court had Defendant A (the Plaintiff of this case) filed a lawsuit against the Plaintiff, etc. for cancellation of the registration for the preservation of ownership.

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