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(영문) 대전지방법원논산지원 2014.10.23 2014가단515
양수금
Text

1. From December 27, 2013, the Defendant: (a) to the Intervenor succeeding to the Plaintiff, KRW 23,587,945, and KRW 16,00,00, out of the said money.

Reasons

1. The following facts, based on which facts do not conflict between the parties, may be acknowledged by taking into account each of the statements stated in Gap or Eul evidence 1-1, 2, 2, 3-1, 4-4, 5-1, 6, 10, 11, 12, 12, and 1-1, and 3-1, 4-4, 4-5, 5-1, 6, 10, 11, 12, and 1, and witness C and D's testimony as a whole.

Attached Form

E (1) Auction, etc. as to the buildings listed in the list: Daejeon District Court Decision 3958, Mar. 20, 1998, which received on March 20, 1998, completed the registration of ownership preservation as to the buildings listed in the attached list; (2) On April 25, 2001, E donated buildings listed in the attached list to the Defendant; and (3) completed the registration of ownership transfer as the receipt of the attached list No. 6015, Apr. 30, 2001.

However, the designated livestock cooperatives filed a lawsuit to cancel the registration of transfer of ownership, and the Daejeon District Court issued registration office on November 14, 2002 completed the registration of transfer of ownership as the receipt No. 1810.

3) On November 16, 2002, the assigned livestock cooperative filed an application for compulsory auction on the buildings listed in the separate sheet with the Daejeon District Court M&F, and received the order to commence compulsory auction on November 16, 2002. On April 9, 2004, the Defendant purchased the above buildings in KRW 15,675,285. The price was that C had D withdraw KRW 16,00,000 from the national bank account (Account Number: G) in the name of C and paid KRW 15,675,285. C kept the receipt of acquisition tax on the above buildings and the receipt of KRW 340,000 from the above account under C’s name.

B. Around September 9, 2004, an agricultural cooperative granted I applied for a voluntary auction of real estate held I on the ground of a claim by the collateral security against E by the Daejeon District Court J. However, on September 9, 2004, KRW 47,157,944 (principal principal KRW 35,00,000, interest KRW 9,907,324).

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