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(영문) 대전지방법원 2017.09.08 2016가단217465
배당이의
Text

1. A distribution schedule prepared by the said court on August 11, 2016 with respect to the compulsory auction cases involving Daejeon District Court B and C (Dual) immovables.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) On June 10, 203, the Daejeon District Court Decision 2002Da56403 decided that “D shall pay to the Plaintiff 53,676,690 won and interest calculated at the rate of 5% per annum from June 29, 2002 to May 31, 2003, and 20% per annum from the next day to the day of full payment,” which became final and conclusive on July 6, 2003, the Plaintiff filed an application for payment order with the Daejeon District Court 2002Da5684 decided July 2, 2013 to extend the prescription of the above obligation, and the amount of money calculated at the rate of 53,676,690 won to the Plaintiff from June 29, 2002 to May 31, 2003 to the day of full payment.”

B. A final and conclusive judgment on revocation of relevant fraudulent act 1) D shall be each real estate listed in the separate sheet (hereinafter “instant real estate”).

() In the voluntary auction procedure of the Daejeon District Court, which commenced upon the application of the Dondong Community Depository, a mortgagee, on February 11, 201, purchased the said real estate on the same day and completed the registration of ownership transfer on the same day. The Defendant, the external grandchild of D, on March 8, 2011, purchased the said real estate on March 1, 201 (hereinafter “instant sales contract”).

(2) The Plaintiff asserted that the instant sales contract constitutes a fraudulent act detrimental to the general creditor of D and filed a lawsuit against the Defendant for revocation of a fraudulent act, etc., by asserting that the instant sales contract constitutes a fraudulent act detrimental to D. In the instant case, the court rendered a favorable judgment against the Plaintiff, stating that “The sales contract concluded on March 1, 2011 between the Defendant and D with respect to the instant real estate is revoked. The Defendant will implement the procedure for cancellation of the ownership transfer registration completed as of March 8, 2011 with the Daejeon District Court, Daejeon Daejeon District Court, Daejeon District Court, as of March 8, 2011.”

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