배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff subrogated to KRW 172,543,315, total amount of loans to the Bank of Korea under the credit guarantee agreement concluded on August 8, 2002 and August 26, 2004 between the Plaintiff and C (hereinafter “C”).
C The representative director D of the C was jointly and severally and severally guaranteed at the time of the above credit guarantee agreement.
B. Meanwhile, D concluded a sales promise on March 9, 201 and on May 17, 2011, with the effect that the Defendant would acquire KRW 84 million of the secured debt of the right to collateral security established on the instant real estate by transferring the E apartment Nos. 203 and 304 (hereinafter “instant real estate”), which is the only property of the Defendant as the payment for the debt of KRW 10 million to the Defendant in lieu of the loan.
C. The Plaintiff filed a lawsuit against the Defendant as Seoul Central District Court 201Gahap10918 seeking revocation of the above sales reservation and sales contract, and accordingly, filed a lawsuit seeking the cancellation of the registration of the right to claim the transfer of ownership and the right to claim the transfer of ownership on the instant real estate.
(hereinafter “Lawsuit for Revocation of Fraudulent Act.” On May 25, 2012, the Plaintiff was rendered a favorable judgment in a lawsuit seeking revocation of a fraudulent act, and the said judgment became final and conclusive through appeal and final appeal.
The Defendant filed an application with Jeju District Court No. 2013Guj981 for a payment order seeking a loan of KRW 62,90,000 and damages for delay.
On May 23, 2013, since D did not raise an objection, the above payment order was finalized as it is.
E. In the Jeju District Court B’s compulsory auction on the instant real estate owned D, the Plaintiff reported each claim amounting to KRW 135,683,037, interest KRW 72,252,619, totaling KRW 207,935,656, and the Defendant reported each claim amounting to KRW 62,90,000, interest KRW 19,656,024, and KRW 54,320, totaling the principal amount of KRW 52,610,344.
The court of execution shall distribute the dividends on December 27, 2013, which is the date of distribution.