배당이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement as stated in the attached Table 1 guarantee agreement with E Bank and Enterprise Bank, and then issued a credit guarantee certificate to E Bank and Enterprise Bank.
D As a result of the above credit guarantee agreement, the non-party company guarantees to pay jointly and severally with the non-party company the repayment obligation that the non-party company may charge to the plaintiff.
B. The non-party company received loans from E Bank and Enterprise Bank as stated in the attached Table 2, and the credit guarantee accident occurred on June 14, 2017, and the plaintiff subrogated as stated in the attached Table 3 subrogation details.
As a result, the Plaintiff acquired the claim for reimbursement for the amount of KRW 900,536,010 as to D, such as the balance of the payment by subrogation in attached Table 4 and the details of damages for delay.
C. D completed the registration of ownership transfer on June 2, 2017, for sale and purchase (hereinafter “instant sale”) of the real estate listed in the separate sheet (hereinafter “instant real estate”) on May 30, 2017 to F. D.
On June 28, 2017, the Plaintiff was issued a provisional disposition order prohibiting the instant real estate from being disposed of (hereinafter “instant provisional disposition order”) by the court on the ground that the instant sale constitutes a fraudulent act.
On January 12, 2018, the plaintiff filed a lawsuit against the non-party company D, and F with Busan District Court 2018dada200718 against the non-party company and D, and F. The plaintiff filed a lawsuit seeking the reimbursement and the revocation of the damage.
E. Meanwhile, on September 25, 2017, the Defendant, on the ground that the instant transaction constitutes a fraudulent act, was subject to a decision of provisional seizure on the instant real estate on September 25, 2017, with the claim of KRW 34,700,000 as a claim for restitution as a result of the fraudulent act.
After that, the defendant.