(영문) 수원지방법원안산지원 2016.01.05 2015가단106745

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원안산지원 2016.01.05 2015가단106745

배당이의

Text

1. A lease contract entered into on April 15, 2013 between the Defendant and the Defendant with respect to the C Apartment 105, 402, which was concluded between the Defendant and the Defendant.

Reasons

1. Basic facts

A. B obtained a loan from the E-S Savings Bank Co., Ltd. (hereinafter “instant Savings Bank”), and completed the registration of creation of a collateral security (hereinafter “mortgage”) with respect to the real estate as indicated in the Disposition No. 1 (hereinafter “instant real estate”) on July 24, 2012, with respect to the instant savings bank’s maximum debt amount of KRW 72,80,000,000 in the future.

B. On June 27, 2014, the repayment of the principal and interest of the instant real estate on June 27, 2014, a voluntary decision to commence the auction procedure (hereinafter “instant auction procedure”) was commenced. The Plaintiff acquired the right to collateral security loans from the instant savings bank and completed the transfer procedure and additional registration prior to the mortgage.

C. Meanwhile, between B and April 15, 2013, the Defendant entered into a lease agreement with the lessee to lease the instant real estate with a fixed period from April 27, 2013 to April 27, 2015 (hereinafter “instant lease agreement”) without a rent, and completed the move-in report on April 16, 2013, and received the fixed date, the Defendant filed a report on the right and a demand for distribution with the court of execution.

On May 8, 2015, a court of execution prepared a distribution schedule stating that KRW 20,00,000,000, out of KRW 203,388,706, which shall be actually distributed to the Defendant, shall be first and second to the Defendant, and KRW 150,00,00,000, which shall be second and second to the Korea Exchange, which shall be the right to collateral security, shall be the right to collateral security, and the Plaintiff shall raise an objection to the entire amount of dividends to the Defendant on the date of distribution, and filed the instant lawsuit on May 14, 2015, which shall be the date of filing the lawsuit.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's evidence 1 to 5, 8, 9, the purport of the whole pleadings

2. Judgment as to the primary cause of claim

A. As to whether a fraudulent act is a fraudulent act, the debtor is in excess of his/her obligations.

유사 판례

-수원지방법원 2016.11.17 2016나51948

-인천지방법원 2015.11.27 2014가단236082

-서울중앙지방법원 2015.01.19 2014가단197407

-제주지방법원 2015.12.24 2015가합11072

-의정부지방법원 2015.09.10 2015가단100402