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(영문) 수원지방법원여주지원 2017.12.21 2017가단51063

배당이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 13, 2014, the Plaintiff: (a) lent KRW 300 million to C on November 13, 2017; (b) interest rate (2.73%) and (c) interest rate at the highest rate of 18% per annum; (d) C delayed the payment of interest on the said loan from August 14, 2015; and (e) delayed the payment of interest in accordance with the credit transaction basic terms and conditions agreed between the Plaintiff and the Plaintiff for a one-month period; and (e) lost the benefit of time from September 15, 2015 by delaying the payment of interest in accordance with the said credit transaction basic terms and conditions.

B. On June 11, 2015, C completed the registration of creation of mortgage (hereinafter “registration of creation of mortgage of this case”) against the Defendant, who is a child, based on the same day-based mortgage contract (hereinafter “mortgage-mortgage contract of this case”) with respect to the share of 1614/8031 square meters and E forest 28430 square meters (hereinafter “the instant equity interest and real estate”), which is owned by C, on June 1, 2015.

C. On July 8, 2016, in relation to the instant equity and real estate, the procedure of voluntary auction was commenced by Suwon District Court’s Innan District Court’s Branch B, a creditor of the right to collateral security and the agricultural cooperative. On March 8, 2017, Yang Sejong-gun, in the first priority order on the date of distribution of the said auction procedure, 691,020 won, and 40,953,595 won, and 63,260,110 won, to the Defendant in the second priority order (hereinafter “instant dividend table”). D.

On the date of distribution, the Plaintiff attended as a person entitled to provisional seizure, and raised an objection against the whole amount per unit of the Defendant, and filed a lawsuit of demurrer against distribution on March 13, 2017.

E. On June 3, 2016, the Plaintiff: (a) completed the registration of provisional attachment with the claim amounting to KRW 332,639,909 by Seoul Eastern District Court 2016Kadan1682 with respect to the instant shares and real estate on June 3, 2016; and (b) on November 7, 2016, the Seoul Central District Court 2016Kadan5264610 on the ground that the instant mortgage agreement was a fraudulent act.