배당이의 소
1. The decision of the court of first instance against the defendant in excess of the following portions shall be revoked, and such revocation shall be revoked:
1. Basic facts
A. On June 10, 2013, the Defendant, under a title trust agreement between the Defendant and D, purchased the instant real estate from F by lending the name of D, which was a workplace, No. 103 Dong 1903, Busan Shipping Daegu Etel 1903 (hereinafter “instant real estate”), and completed the registration of ownership transfer on July 15, 2013.
B. On October 24, 2013, the Defendant forged a lease contract under the name of D in preparation for a dispute over D and the instant real estate in preparation for the future, or received a fixed date after filing a move-in report with the public official in charge of the said lease contract on October 24, 201, in order to preserve his/her right with the claim for the return of the lease deposit, even though there was no fact that the lease deposit was paid to D
C. On November 25, 2013, the Plaintiff and D entered into a contract for the transfer and acquisition of real estate (hereinafter “instant contract for the transfer and acquisition of real estate”) with the purport that the Plaintiff purchased the instant real estate from D in the amount of KRW 80 million, but D in the Plaintiff (i.e., KRW 391 million for the secured debt of KRW 391 million for the establishment of a neighboring mortgage registration in the name of the National Federation of Creditor Federation of National Federation of Creditor Federation established as to the instant real estate) and that the registration of establishment of a neighboring mortgage of KRW 612.3 million for the maximum debt amount was completed (hereinafter “instant contract for the transfer and acquisition”).
D) On November 25, 2013, according to the above contract, D drafted a certificate of borrowing KRW 471 million from the Plaintiff. The Plaintiff transferred D the amount of KRW 40 million on November 26, 2013, and KRW 30 million on December 16, 2013, respectively.
D on December 2, 2013, with respect to the instant real estate on December 2, 2013, D completed the registration of creation of a neighboring mortgage of KRW 610 million in the future of the Plaintiff (hereinafter “registration of creation of a neighboring mortgage of this case”). D.
The Busan District Court, the Plaintiff’s dividends, and the Busan District Court’s East District Court, implemented January 27, 2015.