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(영문) 창원지방법원 통영지원 2018.04.26 2017가합168
배당이의
Text

1. The case of the compulsory auction of real estate C with the Changwon District Court through the Changwon District Court is prepared by the same court on May 17, 2017.

Reasons

1. Basic facts

A. The Plaintiff filed an order against D to pay the amount of KRW 76,400,000 for reimbursement and the delay damages thereof with the Changwon District Court Tongwon District Court Decision 2014Da6777, and each of them filed an order to pay the amount of KRW 200,000,000 for the acquisition amount of KRW 200,678 with the same court, and the delay damages amount of KRW 200,000 with the same court on July 17, 2014, and each of the above orders for payment became final and conclusive on August 9, 2014.

B. On November 24, 2015, D concluded a sales contract with the Defendant to sell the real estate listed in the separate sheet owned by it (hereinafter “instant real estate”) (hereinafter “instant sales contract”). On the same day, the Defendant completed the registration of ownership transfer with the Changwon District Court No. 20793 on November 24, 2015.

C. The Plaintiff filed a lawsuit against the Defendant seeking revocation of the instant sales contract on the ground that the instant contract was a fraudulent act under the title transfer registration under the name of the Defendant, for which the Plaintiff sought implementation of the procedure for registration of cancellation of ownership transfer registration under the name of the Defendant, and the said court rendered a judgment accepting the Plaintiff’s claim on September 8, 2016, and the said judgment became final and conclusive on September 27, 2016.

The Plaintiff filed an application for a compulsory auction against the instant real estate with the Changwon District Court Tongwon Branch C for a compulsory auction (hereinafter “instant auction procedure”). The Defendant filed a report on the right and demand for distribution on the instant real estate amounting to KRW 614,33,940, interest amounting to KRW 74,038,777, based on the original copy of the payment order received by the said court from the said court, and KRW 688,372,717, based on the original copy of the payment order received from the said court.

E. On May 17, 2017, on the date of distribution of the instant auction procedure conducted on May 17, 2017, a distribution schedule with the following content (hereinafter “instant distribution schedule”) was formulated regarding KRW 3,003,262,96 of the amount to be actually distributed:

The grounds for the order of priority of creditors.

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