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(영문) 서울남부지방법원 2018.07.19 2017가합107118
배당이의
Text

1. The Seoul Southern District Court C’s distribution schedule prepared on June 29, 2017 with respect to the case of the voluntary auction of real estate.

Reasons

In the event that the right to collateral security contract is revoked as a fraudulent act, if another person acquires ownership through an auction procedure and the registration of creation of mortgage was cancelled, it is impossible to return the original property. Thus, if the creditor appeared on the date of distribution and raised an objection against the distribution portion of the beneficiary, the creditor may file a lawsuit of revocation of fraudulent act and file a lawsuit of demurrer against distribution as restitution. In this case, the court shall cancel the right to collateral security contract only to the extent that the creditor's claim is not satisfied without considering the existence of other creditors than the creditor concerned who filed a lawsuit of demurrer against distribution, and delete the dividend amount of the beneficiary to the extent that it is necessary to correct it as the dividend amount of the creditor.

(1) In light of the overall purport of the statements and arguments set forth in subparagraphs 1 through 6 of Article 2011, the Plaintiff, who is a mortgagee of F, was set up in the distribution schedule (hereinafter “instant distribution schedule”) that receives KRW 0,00,00,00, and KRW 32,325,257, and KRW 325,257, and KRW 465,000,00 as a mortgagee of F, was set up in the Seoul Southern District Court’s Da, and KRW 1422, 302, 305, and 300,000,000 as a mortgagee of the provisional seizure (hereinafter “instant distribution schedule”). ② The Plaintiff, who was a mortgagee of the instant case, was set up in the distribution schedule that receives KRW 0,00,00 from the Defendants, against each of the Defendants (hereinafter “Defendant 281, 201, the judgment of the Seoul Southern District Court”).

Examining the above facts in light of the legal principles as seen earlier, the Defendants’ right to collateral security.

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