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(영문) 의정부지방법원 2017.06.08 2015가단14365
배당이의
Text

1. The supplementary intervenor's participation is permitted.

2.The District Court D, E (Dual).

Reasons

1. Basic facts

A. On March 16, 2009, F entered into a mortgage agreement with Defendant B on KRW 30,000,000, the maximum debt amount, the debtor F, and the creditor as to the registration of the establishment of a mortgage (hereinafter “the establishment of a mortgage agreement of this case”) with respect to the 101, 309, G apartment No. 101, and 309, which is owned by Defendant B (hereinafter “the instant real estate”). On the same day, F completed the registration of the establishment of a mortgage of this case (hereinafter “the establishment of a mortgage of this case”).

B. The Plaintiff’s Intervenor (hereinafter “Supplementary Intervenor”) (hereinafter “Supplementary Intervenor”) entered into an assignment contract between the Plaintiff and H and cancelling a transfer contract.

(2) On March 16, 2009, H filed a lawsuit with the Seoul Central District Court seeking payment of the amount of KRW 25,91,624 out of the indemnity amount of KRW 26,368,784 and the above amount of KRW 25,91,624 from December 8, 2005 to March 9, 2007, and the amount of KRW 20% per annum from March 17, 2007 to the date of full payment from the next day to the day of full payment, H was sentenced to a favorable judgment on May 17, 2007.

3) On November 17, 2009, H filed a lawsuit with F seeking mental damage compensation from F’s fraudulent act with this court. On October 14, 2010, H was sentenced to a partial favorable judgment of F, “F shall pay to H 15,00,000 won with 5% per annum from December 1, 2009 to October 14, 2010, and 20% per annum from the next day to the day of full payment (20% per annum from the next day to the day of full payment).” On June 28, 2014, H was finally affirmed the above judgment against the Plaintiff on June 28, 2014 (hereinafter “instant claim”). However, H transferred the instant claim against the Plaintiff by reason of the instant fraudulent act to the court.

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