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(영문) 인천지방법원 2017.11.08 2017가단210357

배당이의

Text

1. The contract to establish a right to collateral security concluded on June 8, 2016 between the defendant and C concerning the real estate stated in the attached list is 24.

Reasons

1. Determination as to whether a fraudulent act was committed

A. Facts of recognition 1) The Defendant is a private village C and real estate listed in the separate sheet (hereinafter “instant real estate”).

(C) On June 8, 2016, the lower court determined as follows: (a) the maximum debt amount of KRW 185,000,000,000; (b) the obligor C and the Defendant of the right to collateral security (hereinafter “instant right to collateral security”).

(2) On November 8, 2016, C filed an application for individual rehabilitation on the same day. However, C was dismissed on the ground that there was no possibility to implement a draft repayment plan on April 28, 2016. The amount of global income tax in 2016 was KRW 16,920,780, and the amount of income was KRW 3,760,879, and there was no specific property other than the instant real estate. The market price of the instant real estate appraised in the Incheon District Court DD Real Estate Auction case (hereinafter “instant auction”) was KRW 1,025,35,60, and the principal and the amount of debt of C and the amount of debt of Defendant 1,172,50,000, the maximum amount of the secured debt indicated in the registry of the instant real estate and the amount of debt of Defendant 10,000,000 won, 1,500,0000 won, 200,000 won.

However, C did not enter the defendant's claim in the above individual rehabilitation application case in the list of creditors.

3) The Plaintiff, as a creditor of KRW 24,00,000 against C, applied for the instant auction on the instant real estate. On June 14, 2016, the decision to commence compulsory auction was issued, and the Plaintiff, separate from the above claim, lent KRW 20,000,000 to C on March 30, 2010, and KRW 40,000,000 on May 25, 2012, the Incheon District Court distributed KRW 40,000 to the Defendant at the instant auction on March 6, 2017. The Plaintiff raised an objection against the entire dividend amount of the Defendant and filed a lawsuit of demurrer against the distribution.

[Reasons for Recognition] Gap, Nos. 1, 2, 4, 5, 7.