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(영문) 부산지방법원 2019.10.15 2018가단17927
배당이의
Text

1. The plaintiff's lawsuit on the revocation of fraudulent act shall be dismissed.

2. Busan District Court C Real Estate Auction.

Reasons

1. Basic facts

A. On December 18, 2014, the Plaintiff filed a lawsuit against E Co., Ltd. (hereinafter “Nonindicted Company”) with Busan District Court 2014Gahap16978. On November 30, 2016, the court of the appellate trial of the lawsuit filed a lawsuit for damages with the Busan District Court 2014Gahap16978, and on November 30, 2016, the court of the lawsuit held that “The Nonparty Company and F Co., Ltd. shall jointly pay to the Plaintiff the amount of KRW 870,00,000 and the amount of KRW 5% per annum from December 22, 2014 to November 30, 2016, and the amount of money calculated at the rate of 15% per annum from the next day to the date of full payment (hereinafter “the judgment of this case”). The judgment became final and conclusive as it is.

B. Meanwhile, on September 30, 2014, the registration of the establishment of a neighboring mortgage in the name of G Union, which is comprised of KRW 300,000,00 (the maximum debt amount shall be changed to KRW 210,000,000 as of December 1, 2014) on the real estate listed in the separate sheet, owned by the non-party company (hereinafter “the instant real estate”), was completed on the other hand, with the registration of the establishment of a neighboring mortgage in the name of G Union, which is composed of KRW 143,00,000,000, the maximum debt amount of which is KRW 143,000 on December 1, 2014.

C. The Defendant applied for the auction of the instant real estate to Busan District Court C upon the registration of the establishment of the instant neighboring land. On February 3, 2017, the auction procedure was conducted following the decision to commence the auction of the said court (hereinafter “instant auction court”).

As the instant real estate was sold to H on July 23, 2018, the registration of the establishment of a mortgage in the name of the Defendant was cancelled.

The auction court of this case opened the date of distribution on August 31, 2018 (hereinafter referred to as the "date of distribution of this case") and confirmed the remaining KRW 53,283,310 after deducting the execution expenses, etc. from the proceeds of sale, and then determined the amount of KRW 20,00,000 in the first order to the lessee of the fixed date registry, G Union, the mortgagee of the right to demand distribution, and KRW 210,000 in the second order to the Defendant, the mortgagee of the right to demand distribution, and KRW 143,00,000 in the third order to the Defendant, the mortgagee of the right to demand distribution.

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