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(영문) 의정부지방법원고양지원 2016.12.02 2015가합3365

배당이의

Text

1. The part concerning the claim for revocation of fraudulent act and restitution in the lawsuit in this case shall be dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. The Plaintiff lent KRW 331,875,731 to D Co., Ltd. (the former trade name is E Co., Ltd.; hereinafter “instant company”). The Plaintiff filed a lawsuit against the instant company and C seeking the payment of the above loan on December 20, 2012, and the judgment became final and conclusive that “the instant company and C shall jointly and severally pay to the Plaintiff 420,09,767 won and 31,875,731 won, calculated at the rate of 18% per annum from August 28, 2012 to the date of full payment.”

(hereinafter “instant loan”). (b)

On April 14, 2008, the Plaintiff: (a) obtained a right to collateral security of KRW 195,000,000 from the maximum debt amount; and (b) completed the registration of F land and the building on its ground (hereinafter “instant real estate”), which is owned by C as a joint and several surety for the said loan claim; (c) registered the said right.

C. Meanwhile, with respect to the instant real estate, the registration of creation of a mortgage (hereinafter “mortgage”) was completed on July 24, 2007 with respect to the instant real estate by the mortgagee, the Defendant, the maximum debt amount, KRW 480,000,000, and the registration of creation of a mortgage (hereinafter “mortgage”) composed of the obligor C was completed on August 23, 201.

On January 14, 2015, the Plaintiff applied for a voluntary auction of the instant real estate to the instant court on January 15, 2015, and the decision to commence the auction was made on January 15, 2015. In the said auction procedure, the instant real estate was sold at KRW 473,870,402, and KRW 4,461,340, and KRW 28,359,798, and KRW 195,000,00,000, and KRW 241,144,794 to the Defendant of the right to collateral security (hereinafter referred to as the “instant distribution schedule”) was prepared in the order of priority on November 1, 2015.

E. The plaintiff is on the date of the above distribution.