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(영문) 서울중앙지방법원 2017.11.02 2017가합503109
배당이의
Text

1. Of the distribution schedule prepared on January 12, 2017 by the above court with respect to the case of compulsory auction by official auction by Seoul Central District Court E.

Reasons

1. The facts based on the facts are referred to G, and the defendant D is the mother of G, and the defendant C is the subject of G.

The Plaintiff provided loans to G at an annual interest rate of KRW 178,00,000, totaling KRW 50,000,000 on February 9, 2011, and KRW 50,000 on February 24, 2012, and KRW 78,000,000 on July 2, 2012.

In the Plaintiff’s loan lawsuit against G (this Court 2014Gahap3035), “G shall pay to the Plaintiff 178,000,000 won and 50,000,000 won among them, 24% per annum from February 10, 2011 to February 25, 2012, 78,000,000 won, with interest of 24% per annum from July 3, 2012 to the day of full payment” was determined around that time by a non-litigation judgment.

G Despite the intention or ability to pay the principal and interest normally, around December 2, 2010, G was sentenced to 1 year imprisonment and 2 years of suspended execution, and became final and conclusive around that time on October 2, 2014 on the part of the fraud that the Plaintiff received KRW 178,00,000 from the Plaintiff and received KRW 178,00,000 on the ground that “I will make it possible to make it possible for the Plaintiff to do so with the money deposited in cash to a certain extent.”

(A) The Plaintiff filed a lawsuit seeking revocation of a fraudulent act on October 15, 2015, on the ground that G entered into a pre-sale agreement with Defendant D and completed a provisional registration on February 28, 2013 in the name of Defendant D on March 4, 2013 with respect to the share of 1/12th floor in Gangnam-gu Seoul, Seoul, which was owned by G, on March 28, 2014, the provisional registration of the right to claim the transfer of ownership was completed with respect to the share of 2nd floor in the name of Defendant D. The Plaintiff filed a lawsuit seeking revocation of a fraudulent act on the ground that G entered into a pre-sale agreement with Defendant D and completed a provisional registration on the said share in excess of debt, and on October 15, 2015, “The pre-sale agreement on February 28, 2013 between G and Defendant D was revoked, and the right to claim the transfer of ownership on the said share will be fulfilled with the procedure for the cancellation of the registration.

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