배당이의
1. The Seoul Southern District Court prepared on March 9, 2017 with respect to D Real Estate E (Dual) cases.
The declaration of bankruptcy against the debtor A by the Bank of Korea against the debtor of the Bank of Korea, a judgment on the legitimacy of the plaintiff's acceptance of lawsuit, was made on July 17, 2017, which was after March 9, 2017, the date of distribution of the auction (hereinafter "the auction of this case") in the Seoul Southern District Court D Real Estate Auction E (Dupl) case for the debtor A as the debtor.
Therefore, the dividends against the building and the defendant on the land of Gangseo-gu Seoul Metropolitan Government F.121.7 square meters, which are the object of the auction of this case, do not belong to the bankrupt estate.
Furthermore, since the instant lawsuit has the nature of a lawsuit seeking revocation of a fraudulent act, if the contract to establish a mortgage between A and the Defendant is revoked, the dividends against the Defendant are distributed in full to the creditors, such as Korea Bank (hereinafter “Korea Bank”) at the time of the date of distribution. Therefore, the Plaintiff’s bankruptcy trustee of the debtor A is unlawful.
All property owned by the debtor at the time that the debtor is declared bankrupt belongs to the bankrupt estate and the right to manage and dispose of it belongs to the trustee in bankruptcy.
Articles 382 and 384), and any compulsory execution, provisional seizure or provisional disposition taken against the property belonging to the bankrupt estate on the basis of a bankruptcy claim, shall lose its effect against the bankrupt estate.
(Article 348 (1) of the above Act, when the lawsuit filed by the creditor for the revocation is pending in the court at the time that the debtor is declared bankrupt, the litigation procedures shall be interrupted, and instead the trustee in bankruptcy may take over the lawsuit filed by the creditor after the debtor is declared bankrupt.
(Article 406 and Article 347(1) of the above Act). When there is an objection against the distribution schedule on the date of distribution on the date of distribution on the market, the distribution schedule is not finalized only for the portion of the objection, and accordingly, the partial auction procedure remains in existence without closing.
In this case.