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(영문) 수원지방법원 2017.10.27 2017가합13260

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Plaintiff’s wife E owned 1/2 shares of 23,654 square meters of forest land in Suwon-si, Suwon-si (hereinafter “instant real estate”).

B. On November 25, 2005, Defendant B received a request to lend KRW 300 million from E, and around that time, Defendant B received a loan certificate on November 24, 2005, stating the maximum debt amount of KRW 400 million, KRW 20 million, KRW 300 million, KRW 300 million, and KRW 300,000, KRW 3000,000, KRW 25,000, and KRW 400,000,000, KRW 300,000,000. On November 28, 2005, Defendant B provided a loan to E on November 25, 2005.

C.1) Upon receipt of a request from Defendant C to lend money from E on March 2009, Defendant C loaned money from March 9, 2009 to KRW 600 million on March 12, 2009, and KRW 300 million on March 12, 2009. G as a collateral security holder, Defendant C paid the registration of establishment of a collateral security right to KRW 1/2 of the instant real estate owned by E and KRW 600 million on the remainder of the maximum debt amount, and KRW 50 million on May 13, 2009 on the remainder of the instant real estate. (2) Upon request of Defendant C to grant additional loans from E, the maximum debt amount was KRW 70 million, KRW 30 million, KRW 300,000,000, KRW 300,000,000 on May 12, 2009, Defendant C additionally owned the instant share of KRW 14,500,000.

3) After receipt of a request to request additional lending of money from E, Defendant C received a loan certificate of KRW 50 million from E and the loan certificate of KRW 50 million from E and the Plaintiff as a joint borrower from July 14, 2009, Defendant C additionally lent KRW 150 million to E on July 14, 2009. D. 1) Defendant B’s application.