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(영문) 광주지방법원목포지원 2017.07.19 2016가단56081

배당이의

Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 6, 2011, the Plaintiff drafted a notarial deed No. 1397 of 201 (hereinafter referred to as “notarial deed of this case”) with respect to the content that a notary public lends 300,000,000 won to CM with CM Co., Ltd. (hereinafter referred to as “CM”).

B. On September 15, 2010, CIM completed the transfer of ownership registration with respect to E (F before the change) franchise automobiles (hereinafter “instant automobiles”).

C. The Defendant borrowed money to CM on three occasions as follows and received a security from CM.

1) On February 21, 201, the Defendant: (a) determined and lent KRW 300,000,000 to CM on February 21, 201 as maturity of 12% per annum; and (b) in order to secure this on the same day, the instant automobiles and G (H prior to the alteration) cars (hereinafter “G cars”).

(2) The Defendant, on August 23, 2011, set the due date for repayment of KRW 100,000,000 as KRW 360,000,000 and completed the registration of joint mortgage. (2) On August 23, 2011, the Defendant respectively set and lent KRW 100,000 to CM on August 23, 201 and interest rate of KRW 30 per annum.

(3) On October 19, 201, the Defendant: (a) determined and lent KRW 300,000,000 to CM on October 19, 201 as the due date for payment on October 19, 201, and 12% interest per annum; and (b) determined the value of the claim on the instant automobiles and G automobiles as KRW 360,000,000 in order to secure that on that day, the Defendant completed the joint mortgage registration (hereinafter collectively referred to as “instant mortgage”) and completed the joint mortgage registration (hereinafter referred to as “instant mortgage”).

D. On August 1, 2012, the Plaintiff completed the joint mortgage establishment registration by setting the claim value of the instant automobile and G automobile amounting to KRW 300,000,000.

E. On May 2016, the Defendant filed an application for the instant automobile auction to exercise the security right to the instant automobiles and G automobiles pursuant to the instant mortgage, and the instant voluntary auction procedure was commenced, and on December 1, 2016.