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(영문) 대전지방법원 서산지원 2017.04.25 2017가단50251
배당이의
Text

1. It was drawn up by this court on January 18, 2017, with respect to the auction case of the real estate B in Seosan Branch of the Daejeon District Court.

Reasons

1. Facts of recognition;

A. On April 23, 2015, Defendant A completed the registration of transfer of ownership on April 1, 2015, with respect to 1,193 square meters (hereinafter “instant real estate”) prior to Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, which was owned by C, on April 23, 2015.

On June 1, 2015, the Plaintiff completed the registration of provisional disposition (U.S. District Court 2015Kadan201332, hereinafter “instant provisional disposition”) that held the right to claim restitution on the ground of revocation of fraudulent act with respect to the instant real estate as the right to be preserved.

B. On February 12, 2016, the Plaintiff paid KRW 164,532,170 to the Plaintiff jointly and severally, with Suwon District Court; and C and the Defendant jointly and severally paid KRW 164,532,170 to the Plaintiff; on April 1, 2015, the sales contract concluded between C and the Defendant on the instant real estate, etc. was revoked as a fraudulent act; and Defendant A was sentenced to C to perform the procedure for registration cancellation of ownership transfer registration completed on the instant real estate, etc. (hereinafter “instant judgment”).

The instant judgment became final and conclusive on March 3, 2016 between the Plaintiff and the Defendant, and on April 1, 2016 between the Plaintiff and the Defendant A.

C. On April 16, 2014, the Suwon Livestock Industry Cooperatives, which completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with the debtor C and the maximum amount of debt 48 million won with respect to the instant real estate, obtained a decision to commence voluntary auction (hereinafter “instant auction”) based on the instant right to collateral security on April 4, 2016.

In the instant auction procedure, on December 8, 2016, Defendant A filed a claim for the delivery of KRW 4,156,320 of the amount in arrears in the national pension from April 2013 to October 2016, Defendant A demanded the distribution of KRW 4,156,320. On December 13, 2016, the Plaintiff made a demand for distribution with a bond based on the instant judgment against C.

E. On the date of distribution of the instant auction conducted on January 18, 2017, Defendant National Health Insurance Corporation, the holder of the right to deliver, KRW 4,156,320, and the mortgagee of the instant auction.

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