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(영문) 울산지방법원 2017.05.24 2016나22721
배당이의
Text

1. Revocation of the first instance judgment.

2. On February 2, 2016, the above court shall have jurisdiction over the case of compulsory auction against B real estate in Ulsan District Court B.

Reasons

1. Basic facts

A. Plaintiff C’s claim 1) On December 16, 2005, the Korea Deposit Insurance Corporation for the bankruptcy trustee of the Ulsan District Credit Cooperatives (the Korea Deposit Insurance Corporation) filed a lawsuit for the loan claim with the Ulsan District Court 2005 Ghana 162602 against the Plaintiff on December 16, 2005. The above court rendered a judgment on March 21, 2006 that “C shall pay to the above bankruptcy trustee the amount of KRW 15 million with interest of KRW 15% per annum from January 1, 2002 to the date of full payment, and the above judgment became final and conclusive around that time. 2) The bankruptcy trustee at the time of the transfer of the above bankrupt’s claim by the bankruptcy trustee of the above bankrupt was changed from the above Korea Deposit Insurance Corporation to the point of distribution.

From this point of view, loan claims based on the above final judgment were transferred to C at that time, and notified C thereof.

B. A lawsuit seeking revocation of a fraudulent act between the Plaintiff and D (1) D, the mother of C, on August 2, 2012, Ulsanbuk-gu E apartment 108 Dong 105 (hereinafter “instant real estate”).

(2) The Plaintiff filed a lawsuit seeking revocation of the fraudulent act and cancellation of the registration of ownership transfer against D by asserting that the agreement on the division of inherited property for two-fifths shares (2/9 of the inherited shares (hereinafter “instant shares”) out of the instant real estate was a fraudulent act with the Ulsan District Court 2013Da35985, Ulsan District Court 2013Da3585.

3) On September 24, 2014, the said court rendered a judgment to the effect that “D and C cancel the agreement on the division of inherited property, and D shall implement the procedure for registration cancellation of ownership transfer registration completed on September 12, 2012 with respect to the instant shares,” and that D appealed, but the appellate court dismissed the appeal and became final and conclusive on May 21, 2015, and the said judgment became final and conclusive around that time. 4) The Plaintiff filed an application for registration of the correction of ownership in accordance with the said final and conclusive judgment, and the instant real estate shall be deemed as the right holder of D and 2/9 as the right holder of ownership.

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