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(영문) 인천지방법원 2015.10.20 2015가합53977

배당이의

Text

1. Of the instant lawsuit, the part demanding correction of the dividend amount against the Plaintiff from KRW 1,146,898,232.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants, etc. 1) The Plaintiff entered into a monetary rent agreement between the Plaintiff and the Defendants, etc. 1) the amount of F 1,447.3 square meters in Nam-gu, Incheon Metropolitan City (hereinafter “instant land”).

(2) Around June 202, G and Defendant B agreed to borrow KRW 2.3 billion from June 2002, when the provisional seizure registration, etc. established on the ground of the instant land was not sufficient to complete the construction on the ground. (2) The Plaintiff: (a) cancelled all the registrations of provisional seizure, etc. established on the instant land to G and Defendant B; (b) set up first priority collective security right, superficies, and right to claim ownership transfer; (c) changed the name of the owner of the building under construction on the instant land to G and Defendant B; and (d) written a pecuniary loan agreement with the purport that the principal, interest (48 per annum), and damages (10% of the principal amount) should be paid if not implemented.

(3) In accordance with the instant agreement, the Plaintiff entered into a sales contract with G and Defendant B to sell the instant land at KRW 2.3 billion. In addition, on July 16, 2002, the Plaintiff newly issued and issued a certificate of seal impression for sale to G and Defendant B every three months, and, if not, written a statement of performance to transfer the instant land in the name of the Plaintiff, etc.

5) Meanwhile, H lent KRW 300,000,000 to the Plaintiff via G and Defendant B for the purpose of lending KRW 2.3 billion to the Plaintiff, and used the provisional seizure, etc. established on the instant land with the money obtained by deducting interest from interest for four months. (B) Pursuant to the instant agreement, the provisional registration of the right to claim transfer of ownership was completed on the instant land as of June 21, 2002 by the Incheon District Court No. 4659, Jul. 2, 2002, which was received on July 2, 2002, based on the instant agreement.

(hereinafter “Provisional Registration of this case”).