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(영문) 제주지방법원 2015.02.10 2014가단40014
배당이의
Text

1. In the Jeju District Court B real estate auction case, the same court shall take place on December 27, 2013.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee contract with Nonparty C as stated in the separate sheet “Conclusion of a credit guarantee contract and the occurrence of preserved claims,” and filed a lawsuit against Nonparty C seeking reimbursement as the Jeju District Court 2013Da3323, Dec. 24, 2013. The judgment of the court below became final and conclusive around December 27, 2013, “The Defendant (C) paid the Plaintiff the amount of KRW 250,390,092 as well as KRW 24,139,397 as to KRW 24,139,39,397 as to KRW 24,222,191,065 as to KRW 12% per annum from August 20, 2013 to October 30, 2013, and KRW 20% per annum from the next day to the day of full payment.”

B. On May 27, 2013, the Plaintiff: (a) obtained a provisional attachment registration with respect to the pertinent claim amounting to KRW 267,30,000,000 among the claim amount under the said credit guarantee agreement; and (b) obtained a provisional attachment registration with respect to the Jeju District Court 2013Kadan1358, supra, Jeju-si (hereinafter “instant land”).

C. On May 13, 2013, C entered into a contract to establish a mortgage (hereinafter “instant mortgage”) with the Defendant regarding the instant land with the maximum debt amount of KRW 170 million, and the Jeju District Court completed the registration of creation of a mortgage (No. 4133, May 15, 2013).

On April 18, 2014, the Plaintiff filed a lawsuit against the Defendant for revocation of fraudulent act against Jeju District Court Decision 2013Na32344, and received a favorable judgment that the instant mortgage contract was revoked on the ground that it was a fraudulent act, and the Defendant appealed as Jeju District Court Decision 2014Na4187, but the said judgment became final and conclusive on the ground that the instant mortgage contract was revoked on the ground that it was a fraudulent act.

E. In the Jeju District Court’s Jeju District Court’s voluntary auction on the instant land (hereinafter “instant voluntary auction”), the same court shall order the Defendant to pay the amount of KRW 456,081,305, which shall be distributed on December 27, 2013.

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