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(영문) 제주지방법원 2019.05.23 2018가합936
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The instant real estate: (a) the ownership transfer registration and voluntary auction 1); (b) H 577.2m2m2, Nam-gu, Daegu-gu (which was divided into H 303m2, Jan. 11, 2017 and I 274m2, respectively); and (c) the instant real estate Jhoho-ho (hereinafter “each of the instant real estate”).

on July 3, 2013, with respect to K, the registration of transfer of ownership based on the gift made from July 2, 2013 (hereinafter “each of the instant transfer of ownership”) is made to K on July 3, 2013.

2) On October 24, 2016, the distribution schedule, including the distribution of KRW 1,240,232,396, in the Daegu District Court M&D case on each of the instant real estate (hereinafter “Separate Auction”), was prepared on October 24, 2016.

B. Defendant B filed a lawsuit for revocation of a fraudulent act with respect to L by asserting the claim against K as the preserved right ( Daegu District Court 2014Gahap4785). In the foregoing case, on December 4, 2014, the judgment of the court below that “K will implement the procedure for cancellation of the registration of each transfer of ownership as to each of the instant real estate between L and K” was handed down on July 2, 2013, and L appealed appealed appealed, but the judgment was dismissed on July 23, 2015, and the judgment became final and conclusive at that time. 2) N claimed the claim against K as the preserved right and filed a lawsuit for revocation of a fraudulent act against L.

(T) On September 10, 2015, in the instant case, the Daegu District Court Decision 2015Kadan112310 (No. 2015) rendered a ruling of recommending reconciliation that “L shall comply with the procedure for registration cancellation of each transfer of ownership in this case to K” was finalized as it is.

On February 11, 2016, when the separate auction procedure was in progress, N received a decision to prohibit debt collection and provisional disposition on the part of KRW 2,185,983,559 out of the dividend claims that L had to the Republic of Korea as a result of a separate auction (Tgu District Court 2016Kadan418).

3. Defendant.

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