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1. Compulsory execution against the plaintiff of defendant C based on the payment order dated May 31, 2010 by Busan District Court (2010 tea10984).
Reasons
Facts of recognition
A. Defendant D offered, at the request of the debtor A (hereinafter “debtor”) who was his spouse at the time, real estate owned by the debtor as a security for the obligation to the Dong Mutual Savings and Finance Company E Co., Ltd. (hereinafter “Dong Mutual Savings and Finance Company”), which was operated by the debtor, the debtor agreed to pay the above real estate amounting to KRW 429,556,117, as voluntary auction was conducted, and the debtor agreed to pay the above amount. Defendant D filed an application against the debtor for payment order seeking payment of the agreed amount with the Busan District Court 2009Gu31502, and the payment order was issued on December 30, 2009 and became final and conclusive around that time.
B. Defendant C is the following 3-A.
The claim that the debtor lent KRW 100,000 to the obligor as stated in the claim was asserted, and the Busan District Court 2010 tea10984 applied for a payment order seeking the return of the loan of KRW 100,000 to the obligor and Defendant D. The above court issued a payment order on May 31, 2010 and became final and conclusive around that time.
C. On December 26, 2012, the debtor, while operating the housing construction business, filed an application for immunity from bankruptcy and immunity under the Busan District Court Decision 2012Hadan3835, 2012Ma3835, 2012, and 3835, and the above court declared the debtor bankrupt on December 5, 2014, and appointed the plaintiff as the bankruptcy trustee on December 30, 2014.
The debtor reported the defendants and the plaintiff supplementary intervenor as bankruptcy creditor.
E. The obligor-owned Busan Seo-gu Office of District Court H in Busan for compulsory sale of 1,195 square meters and 79 square meters per G, and 595,170,440 won excluding the pertinent tax, out of the amount to be distributed on February 15, 2016, was distributed to the Plaintiff and included in the bankruptcy foundation.
F. On February 18, 2016, the Plaintiff stated an objection on the claim inspection date as to the claims described in the above paragraph (a) and (b) for the distribution of dividends to bankruptcy creditors, and the objection to the instant claim is raised.