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(영문) 대구지방법원서부지원 2015.07.24 2014가단32049
배당이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

On April 14, 2005, the Plaintiff entered into a credit guarantee agreement with C on April 14, 2005, with respect to the obligation of loans to a corporate bank, as set forth in the credit guarantee agreement with C on April 14, 2006 (the change to April 12, 2013 thereafter).

On July 11, 2012, the Plaintiff, who caused a credit guarantee accident due to a natural body, was granted a provisional attachment order of KRW 52,272,618 on September 17, 2012, which was issued by the Daegu District Court 2012Kadan8104 with respect to the Daegu-gu D apartment 116 Dong 1107, Daegu-gu, which was owned by C, as the claim amounting to KRW 50 million on the same day and completed the provisional attachment registration on the same day, on November 30, 2012.

The Defendant’s claim against C and the fraudulent act Defendant received a payment order against C to pay the amount of KRW 108,159,464 per annum from August 8, 2009 to the date of full payment, with the Busan District Court Decision 2009Da19953, and damages for delay calculated at the rate of 20% per annum from August 8, 2009 to the date of full payment. The above payment order became final and conclusive on August 22, 2009. In addition, on April 2, 2012, the above court issued an order to pay the amount of KRW 55,832,216 and damages for delay calculated at the rate of 20% per annum from April 17, 2012 to the date of full payment.

C On March 26, 2012, between the Defendant and the Defendant, concluded a contract to establish a right to collateral security, which caused KRW 150 million with respect to the said apartment, and on March 29, 2012, the establishment registration was completed.

Accordingly, the Plaintiff sought reimbursement for reimbursement against C as a result of the repayment of the said subrogation by the Daegu District Court Decision 2013Ga3419, and filed a lawsuit seeking the cancellation of the said mortgage contract and the cancellation of the said mortgage establishment registration by asserting that the said mortgage contract concluded with C was a fraudulent act with the Defendant, which was rendered a favorable judgment in the above court on February 7, 2014, and the said judgment became final and conclusive around that time.

procedures for voluntary auction;

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