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(영문) 광주지방법원 2021.01.22 2019가합54943

배당이의

Text

1. Of the distribution schedule prepared by the said court on June 19, 2019 with respect to voluntary auction cases of Gwangju District Court C real estate.

Reasons

1. Basic facts

A. On March 10, 2017, the Defendant Co., Ltd. D (hereinafter “Nonindicted Company”) drafted a loan certificate stating that “The Defendant and the Defendant shall pay the loan amount of one billion won up to September 9, 2017, and the interest shall be paid at the rate of two percent per month on the last day of each month” (hereinafter “the loan certificate of this case”).

On March 10, 2017, the non-party company and the non-party company prepared a collective security agreement with the non-party company holding the right to collateral security (hereinafter referred to as “the real estate of this case”) with respect to E forest land No. 25351 square meters (hereinafter referred to as “the real estate of this case”), which is owned by the Defendant and the non-party company.

The non-party company completed the registration of the establishment of the right to collateral security (hereinafter “the right to collateral security”) on March 13, 2017, No. 7378, which was received on March 13, 2017 by the Gwangju District Court or the Jeju District Court registry office, to the Defendant on March 10, 2017.

B. On June 29, 2017, F Co., Ltd., G Co., Ltd. (hereinafter “G”) and H entered into a sales contract with respect to the instant real estate purchase price of Nonparty Co., Ltd. and the instant real estate, KRW 2,310,00,000, contract deposit of KRW 110,000,000, and the loan, intermediate payment, and remainder, as follows. On the same day, as to each of the instant real estate shares 1/2 of the instant real estate on the same day, the right to claim the transfer of ownership was registered based on a promise to sell and purchase.

Special Provisions Concerning Contracts for Real Estate Sale

1. will succeed to the I.D. Won Sheon (Won 800,000,000) by succession;

2. On the registration, 10 billion won (Won 1,80,000,000) or 10 billion won (Won 700,000,000) or 10 million won (Won 700,000,000) is to be succeeded only to Lon 10 billion (Won 700,000,000);

3. The Lon-Won-Won-Won-Won-Won-Won 770,000,000) or Lon-Won-Won W-on (Won 700,000,000) shall be recognized only.

4. The non-party Company F Co., Ltd. (hereinafter referred to as the “F”) is one hundred million won per day (Won 110,000,000).