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(영문) 부산지방법원동부지원 2020.04.22 2019가단220726
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On January 5, 2017, the Plaintiff completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) with the maximum debt amount of KRW 200 million with respect to the loan owned by Nonparty J (hereinafter “the loan of this case”). The Defendant Credit Guarantee Fund received a decision of provisional disposition against disposal of the instant mortgage on the ground that the instant contract to establish a mortgage of this case constitutes a fraudulent act from the court. On September 4, 2017, the Defendant registered provisional disposition against disposal of the instant mortgage on the ground that the contract to establish a mortgage of this case constitutes a fraudulent act.

B. At the Plaintiff’s request regarding the instant loan, the auction procedure was commenced, and the auction court deposited KRW 126,019,142, which will be distributed to the Plaintiff according to the execution of the provisional disposition.

C. After that, the Defendant Credit Guarantee Fund filed a lawsuit against the Plaintiff for the revocation of a fraudulent act by this Court No. 2017Gahap106700, Jan. 17, 2019, the said court revoked the instant mortgage contract within the scope of KRW 126,019,142, and sentenced the Plaintiff to K’s heir to transfer the right to claim a return of the deposit stated in the said Paragraph to K and notify the Republic of Korea of the purport of transfer, and the said judgment became final and conclusive.

On August 29, 2019, the auction court made an additional distribution of KRW 126,019,142, which was to be distributed to the Plaintiff on the ground that the instant contract to create a mortgage was revoked (hereinafter “the instant additional distribution”), and prepared a distribution schedule that distributes KRW 4,534,845 to Defendant B Co., Ltd., the creditor to demand distribution, KRW 152,434,242 to the Defendant Credit Guarantee Fund, the creditor to demand a distribution, KRW 152,434,242 to Defendant D, the creditor to demand a provisional seizure, KRW 56,698,714 to Defendant E Co., Ltd, the creditor to demand a distribution, KRW 9,34,275 to Defendant E Co., Ltd, the creditor to demand a distribution, KRW 15,878,915 to Defendant F, the creditor to demand a provisional seizure, and KRW 11,411,804 to

E. The Plaintiff is out of the dividend against the Defendants on the date of the above distribution.

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