beta
Text
1. On March 27, 2017, between the Defendant and Nonparty C, a notary public drafted a notarial deed No. 160 on March 27, 2017.
Reasons
1. Basic facts
A. H filed a lawsuit against C for the claim for the purchase of goods with the Changwon District Court 2014Kadan11552, and on January 14, 2015, the said court rendered a judgment that “C shall pay the amount of KRW 45,695,92 to H and the amount of KRW 6% per annum from November 1, 2013 to November 12, 2014, and 20% per annum from November 13, 2014 to the date of full payment,” and the said judgment became final and conclusive as is.
B. On February 13, 2017, H received KRW 24,043,893 from the Changwon District Court J on the basis of the above judgment, and received KRW 3,825,820 in the case of compulsory execution to corporeal movables in the Changwon District Court JJ on March 21, 2017.
C. C On March 27, 2017, a notary public issued a notarial deed under a money loan contract for transfer security (hereinafter “instant notarial deed”) to the Defendant from D to D, No. 160, 2017.
H Death around June 2017, and H’s claim for the adjudication amount against H was inherited at the ratio of 3/7 of the Plaintiff’s spouse G and 2/7 of the Plaintiff F and A, who were children of H.
E. On May 2018, the Plaintiffs filed an application for the auction of movable properties with respect to seven colons of C’s steel farm (K located at the time of Jinju). On December 4, 2018, the execution officer for the Jinju Branch Branch of the Changwon District Court proceeded with the auction of movable properties on December 4, 2018.
In the above auction procedure, the defendant purchased 7 colons of the above steel bar in 46,648,00.
F. The Jinwon District Court deposited KRW 45,822,198 out of the above proceeds of sale as the same court 2018Hun1693.
On February 14, 2019, Jinwon District Court opened a distribution date on February 14, 201, distributed KRW 617,410 to Plaintiff G for execution expenses, distributed KRW 120,920 to the defendant, who is the mortgagee, and presented a distribution schedule to distribute KRW 45,081,221 to the defendant who is the mortgagee.
G. The Plaintiffs appeared on the date of the above distribution and stated an objection against the whole amount of the Defendant’s dividends, and thereafter, on February 19, 2019, within seven days thereafter.