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(영문) 부산지방법원 2017.08.17 2016가합45543
청구이의
Text

1. Defendant B’s Busan District Court of May 31, 2010 rejected compulsory execution based on payment order 2010 tea10984 dated May 31, 201.

2...

Reasons

Facts of recognition

A. Defendant A, at the request of the debtor C (hereinafter “debtor”) who was his spouse at the time, offered his own real estate as a security to the Dong bank Mutual Savings and Finance Company D, which was operated by the debtor, and the auction was conducted for the above real estate, and the debtor agreed to pay the amount of KRW 429,556,117, which was distributed by the Dong bank Mutual Savings and Finance Company to the debtor. Defendant A filed an application for the payment order against the debtor for the payment of the agreed amount under Busan District Court 2009 tea31502, and the payment order was issued on December 30, 2009 and became final and conclusive around that time.

B. Defendant B is the following 3-A.

The claim that the debtor lent KRW 100 million to the obligor as stated in the claim was asserted, and the Busan District Court 2010 tea10984 applied for the payment order claiming the return of the loan of KRW 100 million to the obligor and Defendant A, and the above court issued the payment order on May 31, 2010 and became final and conclusive around that time.

C. On December 26, 2012, the debtor, while operating the housing construction business, filed an application for immunity from bankruptcy and immunity under the Busan District Court Decision 2013Hadan3835, 2013 and 3835, and the above court declared the debtor bankrupt on December 5, 2014, and appointed E on December 30, 2014 as the debtor trustee.

The debtor reported the defendants and the plaintiff as bankruptcy creditor.

E. The obligor-owned Busan Seo-gu District Court H of Busan District Court for compulsory sale of 1,195 square meters and 79 square meters per G, and KRW 595,170, 440, excluding the pertinent tax, out of the amount to be distributed on February 15, 2016, was distributed to the obligor’s trustee in bankruptcy and was incorporated into the bankruptcy foundation.

F. The claim inspection procedure was conducted for the distribution of dividends to bankruptcy creditors, and the debtor's bankruptcy trustee stated his objection on the claim inspection date on February 18, 2016 with respect to the claims described in the above paragraph (a) and (b) above as reported.

The claim inspection date was completed on February 18, 2016.

(g)...

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