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(영문) 서울고등법원(춘천) 2017.11.01 2017나143
배당이의
Text

1. The plaintiff's appeal is dismissed.

2.The Chuncheon District Court, upon such preliminary claims as may be added by this Court.

Reasons

1. Basic facts

A. The Plaintiff’s Claim B 1) Do Private Savings Bank Co., Ltd. (the Do Private Savings Bank prior to the change, Do Private Savings Bank, hereinafter “SIB”)

157/1191 shares and F land (hereinafter referred to as “each land of this case”) in the land of Gangwon-gun E, Gangwon-do.

(2) On December 8, 2005, the registration of creation of a neighboring mortgage of which the debtor B and the maximum debt amount is KRW 840,00,000 on December 23, 2004, shall be completed on July 8, 2005 with respect to each of the lands of this case with respect to the registration of creation of a neighboring mortgage of which the debtor G and the debtor amount is KRW 1,190,000,000, and (3) on August 9, 2007, the building listed in the separate sheet (hereinafter “instant building”).

Of the above, the registration of the establishment of a mortgage was completed with the content that adds the above shares to the joint collateral of each of the above shares as to the 1/2 shares in B (hereinafter the above collective security (hereinafter referred to as the "total sum of each of the above collective security interests").

(2) On August 26, 2011, the Plaintiff received each of the instant collateral security rights and the secured debt thereof from the bank. (2) The Plaintiff filed a lawsuit against B on April 24, 2014 against B with the Youngcheon District Court (Seoul District Court Decision 2013Kahap1060), and sentenced that “B shall pay to the Plaintiff 19% per annum for KRW 2,852,124,778 as well as KRW 589,50,948 as to KRW 19% per annum from April 3, 2013 to the date of full payment, 676,348,248 as to KRW 19% per annum from May 21, 2013 to the date of full payment.” The judgment became final and conclusive at that time.

B. On January 31, 2007, B entered into a payment contract in lieu of 1/2 shares of the instant building with H on the ground that the instant building was completed, the non-party bank entered into a payment contract in lieu of 1/2 shares in the name of B and H on August 9, 2007. (2) The non-party bank entered into a payment contract in lieu of Ha on the ground that the payment contract in substitutes between B and H was a fraudulent act detrimental to the creditors of B, and as 2008Kahap292, the court below held against H on the ground that it was a fraudulent act detrimental to the creditors of B.

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