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(영문) 서울서부지방법원 2018.11.22 2018가합35370
배당이의
Text

1. Of the instant lawsuit, the part of the conjunctive claim against Defendant B and C is dismissed.

2. The plaintiff's defendant B and C.

Reasons

1. Facts of recognition;

A. The Plaintiff’s real estate acquisition 1) G is the Yongsan-gu Seoul Metropolitan Government H large 86 square meters (hereinafter “instant site”).

(2) The instant registered house shall be 48.93 square meters (hereinafter referred to as “instant registered house”) of a wooden flag and a pent roof under Subparag. 4 and its ground. 4.

(2) Of the shares of 1/2 and unregistered brick and roof housing 25.5 square meters (hereinafter “instant unregistered housing”), each of the said real estate (However, the registered housing of this case is 1/2 shares) is collectively referred to as “each of the instant real estate.”

[2] On September 26, 2006, I purchased each of the instant real estate from G to KRW 728 million (including KRW 67 million) and made it difficult for J to pay intermediate payments, and then transferred to J the status of purchaser of the said sales contract.

After all, on November 20, 2006, J purchased each of the instant real estate from G, and sold the said real estate to the Plaintiff and sold the purchase price, etc. paid by J to G to G, in the name of K, until J would pay the Plaintiff the purchase price, etc. paid to G.

3) On December 20, 2006, G, upon the J’s request, completed the registration of transfer of ownership on December 15, 201 with respect to the first/4 shares of the instant registered housing on December 15, 201, and on July 1, 201, the Plaintiff and K completed the registration of transfer of ownership in the name of the Plaintiff as to the first/2 shares of the instant housing site and the first/4 shares of the instant registered housing, respectively, on November 20, 2006, with respect to the share of the instant housing site as KRW 728 million.

On the other hand, on January 20, 201 and December 15, 2011, the Plaintiff acquired the ownership of the above registered house by completing the registration of ownership transfer for 1/2 shares of the instant registered house on two occasions.

B. Defendant B and C’s registration of the right to collateral security.

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