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(영문) 춘천지방법원영월지원 2015.03.25 2014가단10729
배당이의
Text

1. On June 12, 2014, the same court with respect to the Youngcheon District Court Young Branch B and C (combined) real estate auction cases.

Reasons

1. Basic facts

A. The National Bank Co., Ltd., as a creditor of a loan against D, applied for a voluntary auction to the Youngcheon District Court Young Branch B on the basis of the right to collateral security established on D’s real estate, and received a voluntary decision to commence the auction from the above court on February 27, 2013.

Since then, in June 2013, the National Bank Co., Ltd. transferred its credit against D to the Plaintiff.

B. Meanwhile, D completed the registration of transfer of ownership in the name of F on the ground of a sales contract concluded on December 24, 2012, 2012, with respect to the E-ground general wood structure wood straw and inland joints and asphalt straw roof two detached houses (hereinafter “instant housing”).

Accordingly, the National Bank Co., Ltd. filed a lawsuit against F to revoke the fraudulent act by Seoul Eastern District Court 2013Kadan18258, which was issued by the above court on June 20, 2013, for the reason that the sales contract on December 24, 2012, which was revoked on the ground that it was a fraudulent act, and issued a favorable judgment ordering F to implement the procedure to revoke the transfer registration of ownership in the above F name, and the above judgment became final and conclusive around that time.

C. On August 28, 2013, the National Bank of Korea completed the registration of cancellation of registration of ownership transfer in the name of F with respect to the instant housing in accordance with the above judgment. The Plaintiff applied for voluntary auction to the Chuncheon District Court Young-ro Branch C, and received the decision of voluntary auction from the above court on August 30, 2013. The said voluntary auction procedure was conducted in conjunction with the said court B voluntary auction procedure.

(hereinafter “instant auction procedure”). D.

However, between D and D on August 20, 2013, the Defendant: (a) drafted a real estate lease agreement between August 20, 2013 and August 20, 2015, which provides the lease deposit amounting to KRW 14 million; and (b) filed a move-in report on August 27, 2013; (c) obtained the fixed date on September 16, 2013; and (d) issued the instant house with the Chuncheon District Court Decision 2013Kao23, the Taecheon-si Court in Taecheon District.

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