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(영문) 의정부지방법원 2016.01.27 2015가단112221
배당이의
Text

1. On June 26, 2014, the real estate indicated in the separate sheet between the Defendant and Nonparty B was concluded between the Defendant and Nonparty.

Reasons

1. Basic facts

A. On February 22, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) between Nonparty B and Nonparty B with the credit guarantee principal of KRW 30,60,000, and up to February 21, 2014.

B. The Plaintiff changed the term of guarantee of the instant credit guarantee agreement to February 17, 2015.

D. On June 27, 2014, B completed the registration of establishment of a neighboring mortgage on the ground of a contract to establish a mortgage (hereinafter “instant mortgage contract”) dated June 26, 2014 to the Defendant.

B received a credit guarantee form from the Plaintiff under the instant credit guarantee contract, and B received a loan from a national bank due to its influence. Around April 1, 2014, the Plaintiff’s prior right to indemnity was incurred due to default of national taxes. On May 15, 2015, the Plaintiff subrogated for KRW 29,498,865 to the Industrial Bank of Korea under the instant credit guarantee contract.

E. On November 28, 2014, the National Bank, Co., Ltd., the mortgagee of the real estate listed in the separate sheet (hereinafter “instant real estate”), filed an application for voluntary auction of the instant real estate with the District Court C on November 28, 2014, and rendered a voluntary decision to commence the auction on December 1, 2014.

F. On June 25, 2015, the court of auction prepared a distribution schedule with the content that distributes the amount of KRW 33,207,990 to the National Bank, which is the mortgagee, in the first order among KRW 158,016,834, the amount to be actually distributed on the date of distribution of KRW 158,016,834, and the second order of KRW 112,90 to the National Bank, which is the mortgagee, in the third order, KRW 6,46,730, and KRW 143,940 to the Government Secretary General, in the third order of the third order, and KRW 1,262,80 to the National Health Insurance Corporation branch offices, the fifth order of KRW 1,262,80 to the lessee, and KRW 100,000 to the lessee and KRW 7 order of KRW 241,90 to the Defendant, and KRW 16,60,484 to the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including additional numbers), fact inquiry results of this court, purport of whole pleadings

2. Determination as to the cause of action

(a) the establishment of fraudulent act 1 preserved claims;

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