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(영문) 부산지방법원 2016.02.02 2015가단232060
배당이의
Text

1. Defendant . Of the distribution schedule prepared by the same court on September 14, 2015 with respect to distribution procedures set by Busan District Court A.

Reasons

1. Basic facts

A. B Sale 1) B of the real estate listed in the attached list to B (hereinafter “instant real estate”) as to the instant real estate (hereinafter “instant sales contract”) between C and C on October 25, 2011 under the status of excess of debt.

(2) On the same day, the court concluded the registration of transfer of ownership in the name C as Busan District Court receipt No. 48496. 2) After that, the beneficiary Co., Ltd., the first-class mortgagee of the instant real estate, applied for the commencement of voluntary auction procedure to D on April 23, 2012. On April 11, 2013, the court of execution prepared a distribution schedule that distributes KRW 100,000,000 to the beneficiary Co., Ltd., the mortgagee, the first-class mortgagee of the instant real estate, and KRW 36,40,000,012 to the owner C.

B. (1) The Defendant Credit Guarantee Fund deposited dividends to C) on July 10, 2012, on the ground that the instant sales contract was a fraudulent act, the claim for restitution based on the revocation of the fraudulent act was made as a preserved right, and received a decision of the Busan District Court 2012Kadan6021 on July 10, 2012 on debt collection and provisional disposition as to the claim for dividends against C. The decision was served on the Republic of Korea on July 11, 2012. (2) On April 4, 2013, the Plaintiff received a provisional attachment order of the claim amounting to KRW 40 million with the Busan District Court 2013Kahap551 on April 4, 2013 (the claim for damages due to the revocation of fraudulent act). The provisional attachment order was served on the Republic of Korea on April 10, 2013.

3 Pursuant to Article 291 and Article 248(1) of the Civil Execution Act, the Busan District Court of Law No. 2013, Apr. 22, 2013, as Busan District Court of Law No. 3761, the fact of deposit as C, the fact of deposit as to the dividend and interest of "C," the claim collection and provisional disposition No. 2012Kadan6021, 2013Kadan1567, and the Busan District Court of Law No. 2013Kahap51.

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