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(영문) 대구지방법원 2016.07.22 2015가단26747
배당이의
Text

1. As regards the Daegu District Court's F and G (Dual) auction cases, the same court prepared on June 29, 2015.

Reasons

1. Basic facts

A. The relationship between the parties 1) A was declared bankrupt by the Daegu District Court on August 20, 2014 (2013Hadan4150) and the Plaintiff was appointed as a trustee in bankruptcy on the same day. 2) The Defendants were the relatives of A, and were additionally distributed as a mortgagee on June 29, 2015, in the voluntary auction case of each real estate, etc. listed in the separate sheet owned by A, as follows.

B. Each of the Defendants’ respective right to collateral security 1) The Daegu District Court (Seoul District Court No. 38979, Jul. 25, 2013; No. 38979, Mar. 12, 2010; 2) registered the establishment of a mortgage on each of the real estate listed in the separate sheet as the right to collateral security with Defendant C as the right to collateral security; and (3) the registration of the establishment of a mortgage was completed on each of the real estate listed in the separate sheet No. 1, 2, 9, and 10 as indicated in the separate sheet, with Defendant D as the right to collateral security.

3) On July 25, 2013, Defendant E with regard to each of the real estate listed in the separate sheet, the registration of creation of a neighboring mortgage was completed on the ground of a contract concluded on April 12, 201, as of July 25, 201, as of the foregoing registry office’s receipt of No. 38979, Jul. 25, 2013. (c) No. 1 of the additional distribution schedule was issued on June 10, 2013, and on April 10, 2014, the distribution schedule was prepared to distribute KRW 113,304,886 to the mortgagee of the right to collateral security, and KRW 32,183,047 to the mortgagee of the right to collateral security.

(2) The Credit Guarantee Fund (the plaintiff succeeded to the lawsuit)

(2) In relation to A’s claim for reimbursement, the court filed a lawsuit seeking reimbursement and revocation of fraudulent act against J, H, and I (this Court 2013Gahap20429). On April 2, 2015, the court rendered a judgment ordering the partial revocation, reinstatement, and reinstatement of a mortgage contract concluded on November 21, 2012 between H and A, which was rendered on March 20, 2013 between I and A, and the said judgment became final and conclusive on April 22, 2015 (hereinafter referred to as “the foregoing judgment”).

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