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(영문) 창원지방법원 2017.02.03 2016가단111686
배당이의등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim for indemnity against D, etc. entered into a credit guarantee agreement as set out in the following table 1 with E, and D, F, and G (hereinafter “D, etc.”) jointly and severally guaranteed the repayment obligation owed by each non-party company to the Plaintiff pursuant to the credit guarantee agreement.

2. On April 14, 1995, on April 14, 1995, 1995, on September 10, 198, 195, on September 10, 200,000,000 from the Busan Central Bank of Busan Central Bank, and on September 5, 1995, on September 1995, on September 24, 1997, the Plaintiff was awarded a favorable credit guarantee claim against the non-party 1, 3,000,000,000,000 won from the 3,00,000,000 won from the 3,00,000,000 won from the 1,00,000 won from the 1,00,000 won from the 1,00,000 won from the 3,00,000 won from the 3,000,00 won from the 1,197,06,196.

B. On April 1, 2007, H, the owner of the instant real estate as well as the inheritance registration of the instant real estate and the revocation of fraudulent act, died on April 1, 2007, and his heir was D, I, F, G, and J, the wife and children, but completed the registration of ownership transfer by agreement and division on June 13, 2007.

The Plaintiff filed a lawsuit against B seeking revocation of a fraudulent act by Changwon District Court 2012Gag71476, and on August 13, 2013, the judgment was rendered to revoke part equivalent to D, F, and G 2/13 shares in the agreement on the division of inherited property with respect to the instant real estate, and the said judgment became final and conclusive on October 9, 2014; and on October 2014, 2014.

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