beta
(영문) 부산고등법원(창원) 2015.11.26 2014나22744

배당이의

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. I had been engaged in the business of raising business funds for E Co., Ltd. (hereinafter “E”), and requested the Defendant to lend funds in relation to the business of developing F forest land 1,547m2, G forest land 606m2 and H forest land 6,792m2 (hereinafter “instant real estate”), which is owned by E (hereinafter “E”) with respect to the development of F forest land 1,547m2, G forest land 606m2, and H forest land 6,792m2 (hereinafter “instant land”).

B. Upon I’s request, the Defendant remitted total of KRW 758,00,000 from November 13, 2012 to March 5, 2013 to the J (I’s wife) or E’s account designated by I, or delivered it to E as a check. The said money was used for the purpose of payment of land purchase price, repayment of principal and interest, payment of construction cost, etc. for the said development project.

No. 1 of 13,00,00 J. 13, 2012 6,00,000 on November 13, 2012, 201, No. 30,00 J. 1, 200 No. 30,000 on December 5, 2012 (No. 10,000,000) No. 30,00 on December 14, 201, No. 10, 2030, 30,000 J. 1, 20, No. 30,000 on December 14, 2012 (Transfers) No. 20,30,30,000 on May 20, 2013 (Transfers) No. 30,30,000 on May 14, 2013 (Transfers)

C. On January 23, 2013, E entered into a promise with the Defendant to trade the instant real estate at KRW 900,000,000 with respect to the purchase price, in order to secure the principal and interest obligation as above, and issued and deliver a promissory note with a face value of KRW 900,00,000 to the Defendant, while on the same day, E issued and delivered the instant real estate.