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(영문) 서울동부지방법원 2017.10.13 2016가단22319
배당이의
Text

1. The Defendant’s KRW 20,000,000 and the following day for the Plaintiff’s KRW 5% per annum from November 25, 2016 to October 13, 2017.

Reasons

1. Basic facts

A. Fa. On December 4, 2013, Fapt Construction Co., Ltd., Ltd. (hereinafter “Nonindicted Company”) completed the registration of ownership preservation on the five-story apartment houses (8 households) located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant multi-household houses”), and completed the registration of ownership transfer on the ground of “sale on December 2, 2013” to the Plaintiff on the same day.

B. On January 16, 2014, in order to secure a loan claim of KRW 450,000,000 for each household of the above multi-household housing, the Plaintiff established and provided the Defendant with a maximum debt amount of KRW 56,250,00 for each household of the above multi-household housing, and E-mortgage for the debtor.

C. On January 16, 2014, F received a provisional disposition order ordering the Seoul East Eastern District Court 2013Kahap1930 with respect to the instant multi-household housing as a claim claim claim, such as the revocation of fraudulent act and the cancellation of ownership transfer registration, and completed the registration of the above decision on February 21, 2015. On February 17, 2015, F filed a lawsuit seeking revocation of fraudulent act against the Plaintiff as Seoul East Eastern District Court 2015Kahap101953.

The Defendant, in order to prevent this from filing an application for an auction based on the foregoing right with respect to some of the multi-household houses in this case, entered into a notarial deed with the Defendant on February 17, 2015 (the aggregate amount of KRW 26.1 million and KRW 10 million in the name of compensation for auction expenses against the Defendant, which are separate loans to the Defendant, different from the above collateral security bonds, and the amount of KRW 26.1 million in the name of compensation for auction expenses against the Defendant), and entered into a notarial deed of money loan agreement (the same shall apply to the evidence No. 5-2 and No. 5-1) with the Defendant on July 16, 2015, stating that the Defendant wishes to accept compulsory execution immediately when the obligor fails to implement the auction on the basis of the above multi-household house. At that time, the Defendant shall pay to the Plaintiff the above notarial deed at the time of the judgment on the claim for revocation of the said fraudulent act by F.

‘A’ has affixed a seal to the certificate (No. 5-1) to that effect.

E. The Defendant re-employed around April 2015, Nos. 201, 301, and 302 among multi-households in the instant case.

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