logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2016.11.29 2015가단23040
배당이의의소
Text

1. The part concerning the claim for revocation of the fraudulent act among the lawsuits in this case is dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) As to D, the Plaintiff’s joint and several liability claim amounting to KRW 72,282,192 as joint and several liability claim amounting to D, the Seoul Central District Court 2014Kadan809424, Kimpo-si, 604 Dong 1501 (hereinafter “instant real estate”).

(2) On October 10, 2014, the above court filed an application for provisional seizure against the Plaintiff, and rendered a provisional seizure order on the same day. (2) On the other hand, the Plaintiff filed an application for a payment order as Seoul Central District Court 2015 tea5149 against F Co., Ltd. (hereinafter “Nonindicted Company”) in which D and D were a representative director as a lawsuit on the merits of provisional seizure.

On February 9, 2015, the above court issued an order to pay "D and the non-party company jointly and severally to the Plaintiff the amount of KRW 73,708,030 and KRW 72,282,192 from December 23, 2014 to the service date of the original copy of the payment order, and KRW 20% per annum from the next day to the day of complete payment." The above payment order was served to D on February 25, 2015, and on February 23, 2015, respectively, but it became final and conclusive on March 10, 2015 as D and the non-party company did not raise an objection, respectively.

B. Defendant B’s mortgage 1 as to the instant real estate by the Defendants (hereinafter “instant real estate”) was owned by Kimpo-si, Kimpo-si, 604 Dong 1501 (hereinafter “instant real estate”).

(2) On December 19, 2013, the establishment registration of a mortgage contract was completed on January 6, 2014, based on the grounds for registration, with the maximum debt amount of KRW 98,400,000, and the debtor D as to the instant real estate. (2) As to the instant real estate, the Defendant A completed the establishment registration of a mortgage contract with the debtor D on February 12, 2014, on the grounds for registration.

C. On March 15, 2015, upon the application of the Industrial Bank of Korea, which was the senior mortgagee on the instant real estate, including the commencement and distribution of the instant auction procedure.

arrow