logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.05.02 2017가단111611
배당이의
Text

1. The part concerning the claim for revocation of the fraudulent act among the lawsuits in this case is dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

Basic Facts

A. On December 7, 2016, the Defendant applied for provisional attachment against the real estate listed in the [Attachment C (hereinafter “instant real estate”) owned by C as the preserved right (hereinafter “instant real estate”) with a loan claim of KRW 150,000,000 on December 7, 2016 (hereinafter “application for provisional attachment”), and the said court rendered a ruling of provisional attachment by accepting the above application by the Defendant on December 7, 2016, and completed the registration of the entry on the same day.

On the other hand, the defendant applied for the payment order against C as the District Court 2017 tea144 in the principal lawsuit against the above provisional seizure.

On February 15, 2017, the above court issued a payment order to “C shall pay KRW 150,000,000 to the Defendant.” The above payment order was served to C on March 31, 2017, but C did not raise an objection, and the above payment order was finalized on April 15, 2017.

B. Meanwhile, on October 5, 2016, on the other hand, the auction procedure of real estate was initiated on October 5, 2016 upon Nonparty D’s request for auction on the instant real estate, which was the mortgagee No. 1 of the instant case.

(hereinafter referred to as the “instant auction procedure”). The dividends distribution ratio for the creditors with dividends shall be 102,058,919 won, 100%, 48,197,674 won, 100%, 100%, 31,930,9429 won, 21.29%, 31.29%, 8,226,026 won, 21.29%, 21.29%, 17,493, 014 won, 21.29%, 17,493, 014 won, 21.29%, 31.29%, 31.29%, of the 31,930, 493, 014 won, 17,642, 239%, 21.29%, of the creditors with dividends distribution ratio.

C. At the instant auction procedure, the said auction court held dividends on May 22, 2017, with the following descriptions:

(hereinafter “instant distribution schedule”). D.

On the date of distribution, the Plaintiff raised an objection to the entire amount of KRW 31,930,942 distributed to the Defendant, and filed a lawsuit of demurrer against distribution on May 25, 2017.

[Ground of recognition] Unsatisfy, A(1) through (3)

arrow