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(영문) 수원지방법원 2016.07.20 2016가단21632
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

A. D Contract to establish a right to collateral security between D and the Defendant on September 2, 2014 (hereinafter “instant real estate”) is comprised of Nos. 968, 503, 503, 568, and 503, 201.

(2) On September 1, 2014, the Plaintiff and the Plaintiff concluded a mortgage contract with the maximum debt amount of KRW 12 million, the obligor D, and the mortgagee as the Defendant, and completed the establishment of a mortgage contract with respect to the instant real estate under the name of the Defendant on September 3, 2014. (B) On September 2, 2014, D entered into a mortgage contract with the Plaintiff and the Plaintiff, designating the maximum debt amount of KRW 19 million, the obligor D, and the mortgagee as the Plaintiff, and completed the establishment of a mortgage contract with respect to the instant real estate under the name of the Plaintiff on September 3, 2014. (C) The Plaintiff, who had been voluntarily decided to commence an auction for the exercise of the right to collateral, was sold to the Plaintiff on September 11, 2015 (U.S. District Court C), and the instant real estate was sold to G on the date of distribution set of KRW 361 million and the distribution schedule to G on May 16, 2016.

was drawn up.

2. The allegations by the parties and the judgment of this court

A. (1) The Plaintiff’s assertion D and the Defendant concluded a false mortgage contract in order to acquire the Plaintiff’s dividends, and thus, the instant distribution schedule distributed to the Defendant, who is a false mortgage, is unlawful.

(2) The Defendant’s counterclaimed D is a normal mortgage contract established for the purpose of investing funds in H and securing investment funds.

B. Comprehensively taking account of the overall purport of the arguments in each statement in B-1 through C of the judgment of this Court, H, which operates the I-Research Institute, owned by the Defendant and the Plaintiff on August 25, 2014 by its mother.

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