beta
(영문) 부산지방법원 2013.06.19 2012가합16226

배당이의등

Text

1.(a)

The debt repayment contract concluded on April 29, 2009 between Nonparty C and the Defendants is revoked.

(b) Busan District Court D. D.

Reasons

1. Basic facts

A. On February 12, 1996, Nonparty C borrowed KRW 110,00,000 each from Defendant B’s partner E and Defendant A, and on February 14, 1996, Nonparty C registered the right to claim ownership transfer based on the pre-sale agreement with the above Defendant and Nonparty with respect to Fran-gu Busan, Busan, which was one’s own possession (hereinafter “the instant real property”). On October 14, 2007, Nonparty B, the inheritor, succeeded to the above provisional registration right.

B. On February 9, 2006, the non-party mutual savings and finance company (which was changed to the Korea Credit Depository, was declared bankrupt on Feb. 20, 2002; hereinafter “Korea Credit Depository”) filed a lawsuit against the non-party C, a joint guarantor of the non-party G, and obtained a final and conclusive judgment in favor of the court. On November 16, 2005, the trustee in bankruptcy of the future Credit Depository transferred the above judgment claim against the plaintiff (hereinafter “the plaintiff”) and notified the above G on February 9, 2006.

Since then, the plaintiff filed a lawsuit against the non-party C with this court 2006Gahap8897. On July 21, 2006, the court rendered a judgment that "the defendant shall pay to the plaintiff 128,171,375 won and 31,983,777 won with interest rate of 20% per annum from April 9, 1996 to November 15, 1994 to the day of full payment."

C. On April 29, 2009, Nonparty C drafted a notarial deed stating the purport to recognize compulsory execution (hereinafter “instant notarial deed”) on May 6, 2009, with the Defendants’ claim for loans of KRW 110,000,000, each of the secured claims of the above provisional registration, under Article 389, which was the secured claims of the above provisional registration, on May 6, 2009.

With respect to the instant real estate, the procedure for compulsory auction (hereinafter “instant auction procedure”) was initiated as D in this court.