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(영문) 청주지방법원 제천지원 2017.02.08 2016가단21298

배당이의

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Korea Deposit Insurance Corporation (hereinafter “instant trustee in bankruptcy”) filed a lawsuit against B, etc. with the Seoul Central District Court No. 2010da17944, and sentenced that “B shall pay to the instant trustee in bankruptcy the amount equivalent to 20% per annum from May 16, 2010 to the date of full payment,” and the said judgment was finalized on November 26, 2010.

(hereinafter referred to as “instant enforcement claim”) a claim established by the above judgment. B

B on May 1, 2012, in order to secure a claim against C, each of the real estates listed in the separate sheet (hereinafter “instant real estates”) owned by C was granted the maximum debt amount of KRW 90,00,000 with respect to each of the real estates indicated in the separate sheet (hereinafter “instant real estates”).

C. On June 13, 2012, C completed the registration of ownership transfer with respect to the instant real estate to D, and D completed the registration of ownership transfer with respect to the instant real estate to E on March 6, 2013.

On April 29, 2015, the Defendant issued a seizure and collection order (hereinafter “instant seizure collection order”) against B on the basis of the claim against B (Seoul Central District Court Decision 2011Ga124597, a final and conclusive judgment in the case of 2014Kade 5108, and a claim based on the decision in the case of 2014Kade 5108, the same court) with respect to the instant mortgage claim against B, as Seoul Central District Court 2015 Tae 10530, and the above seizure collection order was served to C on May 6, 2015, and on May 14, 2015, additional registration of the seizure order of the instant mortgage claim based on the above seizure collection order was made.

E. On June 12, 2015, the Defendant set the instant right to collateral security against the instant real estate as the creditor to collect the instant claim against the instant collateral security.