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(영문) 창원지방법원통영지원 2017.10.18 2017가단1317
배당이의
Text

1. A distribution schedule prepared on March 8, 2017 by the said court with respect to the case of the voluntary auction of real estate C with the Changwon District Court Tongwon District Court.

Reasons

In addition to Gap evidence Nos. 1, 7, and 8 (including additional numbers), the purport of the entire pleadings is as follows: ① The defendant, on March 27, 2014, completed the registration of establishment of a neighboring mortgage (hereinafter "mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed) under the receipt of the registration office of Changwon District Court Daowon District Court 16494 on March 27, 2014, and received dividends of KRW 98,731,060 from the auction procedure (joint original District Court branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch office of Changwon District court branch branch branch branch branch branch branch

Therefore, the instant mortgage contract constitutes a fraudulent act and ought to be restored to its original state by revising the said distribution schedule, which was prepared to distribute the dividend to the Defendant.

Of the dividend table prepared on March 8, 2017 by the said court with respect to the auction case of real estate C with Changwon District Court Tongwon District Court, the dividend amount of KRW 98,731,060 against the defendant shall be corrected to KRW 0,00, and the amount of KRW 98,731,060 shall be corrected to the plaintiff.

Thus, the plaintiff's claim of this case is accepted.

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