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(영문) 창원지방법원 2017.02.03 2016가단111709
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim against the Plaintiff, etc. entered into a credit guarantee agreement with Hanwon Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), and C, D, and E (hereinafter “C, etc.”) jointly and severally guaranteed the obligations of the Nonparty Co., Ltd. under the said credit guarantee agreement. When the Nonparty Co., Ltd. was in an accident of credit guarantee due to the current account, the Plaintiff subrogated the loan by subrogation, and was awarded a favorable judgment by filing a lawsuit against the Nonparty Co., Ltd. under the Changwon District Court 2013da7310.

B. On April 1, 2007, F, who was the owner of the instant real estate as well as the inheritance registration of the instant real estate and the revocation of fraudulent act (hereinafter “instant real estate”). The heir died on April 1, 2007, and there was C, H, D, E, and I, the wife of G and children, but G completed the registration of ownership transfer due to inheritance by consultation and division on June 13, 2007.

On October 9, 2014, the Korea Credit Guarantee Fund filed a lawsuit against G seeking revocation of a fraudulent act, and on October 9, 2014, the judgment revoking the respective 2/13 shares of C, D, E in the agreement on the division of inherited property with respect to the instant real estate became final and conclusive, and on November 20, 2014, the registration of alteration of ownership with respect to the instant real estate was completed with G7/13 shares, C, D, E, and E 2/13 shares.

C. On April 30, 2014, the Defendant concluded a lease agreement between G and lessor to lease the second floor of the instant real estate from G with a deposit of KRW 30,00,000, monthly rent of KRW 400,000, and the lease term of KRW 24 months from April 30, 2014 (hereinafter “instant lease agreement”).

On December 19, 2014, the Defendant obtained a fixed date on the instant lease agreement.

The plaintiff in the auction procedure of this case and the auction procedure of real estate B (hereinafter referred to as "the auction procedure of this case") with the Changwon District Court on the aggregate of shares 6/13 among the real estate in this case.

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