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(영문) 대구지방법원안동지원 2016.04.07 2014가합3327

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to Gap evidence Nos. 1 and 2-1, 2, 3, 3, and 4.

The Defendant’s lending of money and acquisition of the right to collateral security 1) Sorax Co., Ltd. (hereinafter “ Sorax”).

(2) On December 28, 2007, while promoting the solar power plant business by making approximately KRW 340,00 square meters D in the Gyeongcheon-gun D in the form of a project site, on December 28, 2007, E entered into a sales contract to sell pine trees planted in the said project site to E, and agreed to receive the down payment in installments of KRW 200 million, intermediate payment KRW 300,000,000, and KRW 500,000.2) E extended the down payment to the Defendant in order to raise the down payment around that time, it proposed to set up a collateral security right on G forest land 45,315 square meters (hereinafter “one land”), and H. 86,081 square meters (hereinafter “land 22”), and H. 148,718,000 square meters (hereinafter “the land 1,000,000 won”).

3) From December 31, 2007 to January 10, 2008, E borrowed a total of KRW 200 million from the Defendant, which received the said proposal (hereinafter “the instant loan”).

(4) On December 31, 2007, E appears to have completed the registration of creation of a neighboring mortgage with the maximum amount of claim 200 million won and debtor F with respect to land 1 (hereinafter “mortgage 1”) and (2) Sorax had completed the registration of creation of a new mortgage with respect to land 2 and 3 as “the maximum amount of claim 40 million won and debtor Dokex”. < Amended by Presidential Decree No. 20447, Jun. 31, 2008; Presidential Decree No. 20457, Dec. 31, 2007; Presidential Decree No. 20477, Dec. 31, 2007; Presidential Decree No. 20457, Jun. 31, 2008; Presidential Decree No. 20457, Jun. 31, 2008; Presidential Decree No. 200550, Jun. 31, 2007>

. so established.