배당이의 등
1. The part concerning the claim for revocation of the fraudulent act among the lawsuits in this case is dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
1. Basic facts
A. On October 19, 2015, the Plaintiff entered into an intermediary wholesaler transaction agreement with D to pay fishermen the purchase price of fishery products purchased by D from fishermen on behalf of D.
B. On June 7, 2016, D entered into a mortgage agreement with the Defendant as to the real estate listed in the separate list owned by the Defendant (hereinafter “instant real estate”) with the amount of KRW 53,00,000, and the mortgage agreement with the mortgagee as the Defendant (hereinafter “mortgage agreement”). Accordingly, D completed the registration of creation of a neighboring mortgage (hereinafter “mortgage creation”) on June 9, 2016.
At the time D did not have any property other than the instant real estate.
C. As of March 5, 2017, as of March 5, 2017, D’s debt amount against D’s Plaintiff was KRW 152,224,187 as principal and its delay damages amounted to KRW 24,462,593.
On March 24, 2017, the Plaintiff (hereinafter “instant provisional attachment”) filed an application for provisional attachment on the instant real estate with the Gwangju District Court’s 2017Kahap43 as a claim against the claim for the transaction price claim under the said transaction agreement (hereinafter “instant preserved claim”). D. The instant provisional attachment was issued on March 29, 2017 (hereinafter “instant provisional attachment”).
On June 20, 2017, the procedures for the auction of real estate (U.S. District Court Netcheon Branch E) began with respect to the instant real estate, and the instant real estate was sold in KRW 72,00,000, and on May 1, 2018, a distribution schedule was prepared to distribute KRW 31,763,227 to the Defendant.
E. On the date of the above distribution, the Plaintiff raised an objection to KRW 31,763,227 against the Defendant, and filed the instant lawsuit on May 8, 2018, which was seven days thereafter.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings
2. The judgment of the Plaintiff constitutes a fraudulent act that causes damage to the general creditor of D.