배당이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On April 2, 2018, the Plaintiff filed a payment order against C with the Changwon District Court (Seoul District Court Branch Branch Branch Decision 2018Guj377, Apr. 5, 2018, the Plaintiff issued a payment order stating that “C shall pay to the Plaintiff KRW 65,246,847 and any delay delay amounting to KRW 64,00,000,000,” which became final and conclusive on June 8, 2018.
B. On January 18, 2018, C concluded a mortgage agreement with the Defendant, C, the obligor, the maximum debt amount of KRW 800 million, and the mortgagee’s mortgage agreement with the Defendant as the Defendant as to the instant real estate owned by C, and accordingly completed the registration of creation of a neighboring mortgage on January 22, 2018.
(hereinafter “instant collateral security”). C.
On February 8, 2018, the Plaintiff filed an application for provisional attachment of the instant real estate with the Changwon District Court Jinju Branch Branch 2018Kadan174, and received the provisional attachment order on February 9, 2018.
(hereinafter “instant provisional seizure”). D.
On March 26, 2018, the Changwon District Court established a distribution schedule to distribute KRW 306,577,760 to the Defendant on February 25, 2019.
On the date of the above distribution, the Plaintiff raised an objection against KRW 73,760,759 out of the amount of dividends against the Defendant, and filed the instant lawsuit on March 4, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6 (including additional numbers), Eul evidence 1-1, the purport of the whole pleadings
2. At the time of registering the establishment of the instant neighboring property, C completed the instant right to collateral security in spite of its insolvent in which the passive property exceeds active property.
This constitutes a fraudulent act and should be revoked. On July 23, 2019, the distribution schedule should be revised to distribute 36,236,847 won to the plaintiff, which is equivalent to the plaintiff's claim against C, as of July 23, 2019.
3. Judgment on the defendant's main defense
A. The Defendant’s defense on February 9, 2018, which was at the time of the provisional seizure of this case.