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(영문) 수원지방법원 2020.06.09 2019가단515510

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. C purchased from D on July 26, 201, E, E, 803 square meters (hereinafter “instant land”) at KRW 123 million in the purchase price, and completed the registration of ownership transfer on August 22, 201.

B. C concluded a mortgage agreement with the F Association on August 18, 2011 (hereinafter “F Association”) on the instant land with the maximum debt amount of KRW 49 million, and with the debtor C, and completed the registration of the establishment of a mortgage on August 22, 201 with the F Association on August 22, 2011.

(hereinafter referred to as the “mortgage” of the FF association upon the registration of the establishment of a neighboring mortgage.

C On September 5, 2017, the Defendant entered into a mortgage contract with the debtor C (hereinafter “mortgage contract of this case”) with the maximum debt amount of KRW 100 million and the debtor as to the land of this case. On the same day, C completed the registration of creation of a mortgage of this case (hereinafter “registration of creation of a mortgage of this case”). D.

The FF Union had filed an application for voluntary auction (B) of the instant land with this Court based on the right to collateral security of the F Union, and this Court rendered a decision to commence voluntary auction on February 14, 2018.

(hereinafter referred to as the “instant auction procedure”) with respect to the auction procedure following the said decision on voluntary commencement of auction.

On April 16, 2018, the Plaintiff filed a lawsuit against C with the Seoul Central District Court seeking payment of the principal and interest on the loan amount of KRW 106,007,112 and delay damages on the principal amount of KRW 100 million. The Plaintiff filed a lawsuit seeking revocation of the instant mortgage contract (hereinafter “related lawsuit”) on the ground that the instant mortgage contract constitutes a fraudulent act against C, a creditor of the instant case (hereinafter “the instant mortgage contract”).

F. At the instant auction procedure, G sold the instant land, and paid in full the sales price on February 19, 2019. On the same day, G completed the registration of ownership transfer in the name of G on the instant land, and the registration of ownership transfer was cancelled on the same day.

G. The instant court held that the instant auction procedure was conducted on January 2019.