배당이의
1. The contract to establish a right to collateral security concluded on November 5, 2014 between C and the Defendant regarding the real estate stated in the attached list.
1. Evidence No. 1, A2, A3, A4, A7, and the purport of the whole pleadings
A. On October 21, 2014, the Plaintiff’s claim for the return of lease deposit against C filed a demand procedure for the return of lease deposit with C, and on October 21, 2014, the Plaintiff received a payment order stating that “C shall pay to the Plaintiff KRW 130 million and the amount equivalent to 20% per annum from the next day of the delivery of the original copy of the payment order to the day of complete payment,” and the said payment order was finalized on November 13, 2014.
B. C concluded a mortgage agreement between C and the Defendant on November 5, 2014, with regard to the establishment of a mortgage agreement between the Defendant and the Defendant on the third floor of the multi-household 302 (hereinafter referred to as “instant real property”) on the following grounds: (a) the maximum debt amount is KRW 100 million; (b) the debtor F, and the mortgagee; and (c) the establishment of a mortgage agreement between the Defendant and the Defendant on November 6, 2014 regarding the instant real property under the name of the Defendant.
C. Insolvent C does not have any property other than the instant real estate.
In an auction procedure to exercise the security right to the instant real estate (U.S. District Court D), on December 1, 2015, the said court prepared the distribution schedule with respect to the Defendant’s distribution of KRW 9,250,00 in Suwon-si, the holder of the right to deliver (the pertinent tax) among KRW 89,102,723, the amount to be actually distributed to the date of distribution on the date of distribution held on December 1, 2015; KRW 13,675,150 in the National Bank of Korea; KRW 30,000 in the non-mortgage-si, the mortgagee-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed; KRW 7,465,30 in the Suwon-si, the holder of the right to deliver; KRW 512,890 in the Suwon-si, the holder of the right to deliver; KRW 21,739,730 in the National Health Insurance Corporation, the holder of the right to deliver dividends.
2. The allegations by the parties and the judgment of this court
(a) the debtor in a state of excess of C’s fraudulent act is the immovable property owned by him;