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(영문) 창원지방법원진주지원 2015.10.23 2014가단35576
배당이의
Text

1. As to the auction case B in the Changwon District Court Jinju Branch B, the same support was drawn up on December 29, 2014.

Reasons

1. Facts of recognition;

A. 1) The non-party company established the right to collateral security of Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Co., Ltd. (hereinafter “the non-party company”) with

(2) On March 18, 2014, the non-party company concluded a mortgage contract with the maximum debt amount of 420,000,000 won for creditors, Samcheon Fisheries Cooperatives, and the debtor company with the content of the non-party company, and completed the registration of establishment of a mortgage for the first class of the non-party company to the above purport as the receipt of 27177 of October 17, 2013. (2) As to the instant real estate between the defendant and the defendant on March 18, 2014, the non-party company concluded a mortgage contract with the content of the non-party company (hereinafter “instant mortgage contract”). The registration of establishment of a mortgage for the first class of the non-party company was completed as of March 31, 2014.

B. The Plaintiff’s claim against the non-party company filed a lawsuit against the non-party company as Seoul Central District Court 2014Gahap35865, and the same court rendered a judgment on December 4, 2014 that for the non-party company KRW 146,872,972 and KRW 97,160,472 from September 11, 2013, and for KRW 49,712,50 from September 19, 2013 to the date of full payment, the above judgment became final and conclusive around that time.

C. The Plaintiff and the Defendant filed a lawsuit seeking revocation of the instant mortgage contract by asserting that the instant mortgage contract constituted a fraudulent act against the Defendant, Seoul Eastern District Court Decision 2014Gahap8552, and the same court rendered a judgment that revoked the instant mortgage contract, which is a fraudulent act upon receiving the Plaintiff’s claim on March 11, 2015, and revoked the instant mortgage contract.

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