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(영문) 대구지방법원 2019.01.23 2018나315333
배당이의
Text

1. Revocation of a judgment of the first instance;

2. On the application case for compulsory auction of real estate C with the Daegu District Court Seo-gu District Court Seo-gu District Court Decision 2017

Reasons

1. Basic facts

A. On March 3, 2010, the Plaintiff filed a lawsuit against D and E, asserting that “the Plaintiff lent KRW 5.37 billion in total to D, and was not repaid only KRW 1.25 million out of the loan principal, and the real estate listed in the separate sheet (hereinafter “the instant real estate”) entered into on November 10, 2009 between D and E, (hereinafter “the instant sales contract”) with the purport that “the instant real estate constitutes a fraudulent act” and filed a lawsuit claiming the agreed amount, etc. and filed a lawsuit against D and E on January 12, 2011 with the Daegu District Court 2010Gahap2255, “D shall pay the Plaintiff 1,185,205,129, and delay damages therefrom,” and the instant sales contract was revoked, and the Plaintiff was sentenced to the revocation of the instant sales contract and the execution procedure for the registration of transfer of ownership in the name of E related to the instant real estate.”

B. On October 16, 2012, the Defendant filed a lawsuit claiming the amount of loan with D to the effect that “F lent KRW 380 million to D, and the Defendant acquired the above loan claims, and the Defendant lent KRW 150 million to D,” and received the judgment of 1% per annum from the date following the date of May 21, 2010 to November 15, 2012 to the date of full payment of KRW 150 million with respect to KRW 2012Ga4283 of the Seo branch of the Daegu District Court on November 29, 2012, “D was paid with the Defendant KRW 530 million and KRW 380 million from the date of full payment with respect to KRW 1% per annum from the date of November 21, 2010 to the date of November 15, 2012.”

C. On February 19, 2014, the Plaintiff filed an application for a compulsory auction of real estate with the Seo-gu District Court Seo-gu District Court Branch C (hereinafter “instant case”) for a compulsory auction of real estate and completed a distribution schedule to the following effect (hereinafter “instant distribution schedule”) on December 5, 2017.

The creditor's principal amount of credit 1,185,205,129 530,00,000 interest 1,664,856,886, 879, 949,315 costs of credit 2,850,062,062,015 1,109,949,315 of the creditor's principal amount of credit 1,185,205,129 530,000 interest.

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