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1. The defendant shall express his/her intention to B as to the claims listed in paragraph 1 of the annexed list.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a credit transaction agreement and credit card transaction agreement with a medical corporation C (hereinafter “foreign foundation”). Accordingly, on December 1, 2016, the Plaintiff owned a loan of at least 600 million won to Nonparty Foundation.
B is a joint and several surety for the debt such as the above loan of the non-party foundation.
B. On December 15, 2015, B, which was in excess of debt, concluded a donation contract with the Defendant on the real estate indicated in Paragraph 2 of the attached Table No. 2, the sole property of which is its own (hereinafter “instant apartment”), and completed the registration of ownership transfer to the Defendant on the same day.
C. The Plaintiff sought loans, etc. from B and Nonparty Foundation, and filed a lawsuit against the Defendant seeking revocation of fraudulent act and restitution to its original state (Seoul Central District Court 2016Gahap57325).
On March 16, 2017, the foregoing court rendered a judgment without holding any pleadings with the effect that “the non-party foundation, B, and the Plaintiff jointly and severally pay to the Plaintiff KRW 655,614,250, and delay damages on the principal of the loan, etc.” The above judgment revoked the above donation agreement concluded on December 15, 2015 between the Defendant and B, and the Defendant rendered a judgment with no holding that “B shall implement the procedure for registration cancellation of ownership transfer registration for the instant apartment,” and the said judgment became final and conclusive on April 7, 2017.
(hereinafter referred to as "relevant judgment") d.
On April 12, 2017, upon the application of the Korea C&T Bank, a voluntary decision to commence the auction of the instant apartment on April 12, 2017 (Seoul Eastern District Court D; hereinafter “instant auction procedure”).
In the auction procedure of this case, the apartment of this case was sold to a third party, and on April 25, 2018, the court of execution prepared a distribution schedule that distributes the owner's surplus to the defendant.
E. On the other hand, on November 23, 2017, the Seoul Eastern District Court rendered a provisional disposition prohibiting the Defendant from collecting the right to claim dividends during the instant auction procedure.