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(영문) 서울중앙지방법원 2015.11.04 2015가합513195
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The summary of the case is that the plaintiff asserts that the mortgage contract between B (debtor) and the defendant will be revoked as a fraudulent act, and that the correction of the distribution schedule is sought due to its restitution.

In fact, the Plaintiff and the Defendant’s establishment of the right to collateral security established on October 26, 2010 with respect to the real estate listed in paragraph (1) of the attached Table C owned by B (hereinafter “real estate 1”) in order to secure the right to loan to the Company B, the Plaintiff and the Defendant completed the registration of the establishment of the right to collateral security on June 11, 2013 with respect to the real estate listed in paragraph (2) of the attached Table No. B owned by B (hereinafter “second real estate”).

On September 2, 2013, the Defendant concluded a mortgage contract with regard to the second real estate (hereinafter “mortgage contract”) with the maximum debt amount of KRW 1 billion, and completed the establishment registration prior to the establishment of a mortgage.

On January 15, 2014, the plaintiff filed an application for voluntary auction on the real estate Nos. 1 and 2 on January 15, 2014, and the Seoul Central District Court A rendered a decision to commence voluntary auction on January 16, 2014.

In the above auction procedure, the amount of KRW 1,642,090,784, which is to be actually distributed on February 12, 2015, was first set up a distribution schedule of KRW 30 million (real estate 2) and KRW 208,505,810 (real estate 1) to the Plaintiff, the mortgagee of the second real estate, and KRW 1 billion to the Defendant, the mortgagee of the second real estate, and KRW 842,883, which is the mortgagee of the second real estate, the third priority, and KRW 37,501,373, and KRW 50,01,831 to the Samsung Card Co., Ltd., Ltd. (hereinafter “Seoul Guarantee Insurance”), and KRW 750,027, and KRW 488,860 to the Korea Credit Guarantee Fund.

On February 12, 2015, the Plaintiff stated an objection to the total amount of the Defendant’s dividends on the date of open distribution.

The Seoul Guarantee Insurance Co., Ltd. is the creditor of the revocation case B related to the fraudulent act.

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