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(영문) 수원지방법원 2014.08.21 2013나38760

배당이의

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On September 18, 2009, the Plaintiff borrowed KRW 50,000,000 from D, the Defendant’s land, and completed the registration of the establishment of a mortgage over KRW 60,000,000 (hereinafter “the instant real estate”) with respect to the land of this case, E forest land Nos. 1,091 square meters (hereinafter “the instant real estate”) owned by the Plaintiff. On September 24, 2009, the Plaintiff borrowed KRW 50,000,000 again from D, and completed the registration of the establishment of a mortgage over the instant real estate as additional maximum debt amount of KRW 60,00,000,000.

B. On March 2, 2012, D transferred each of the above claims against the Plaintiff to the Defendant, and notified the Plaintiff of the transfer of the claim. On April 17, 2012, the Defendant completed the supplementary registration of the transfer of the right to collateral security.

C. On April 16, 2012, the Plaintiff prepared a loan agreement for consumption of KRW 100,000 with the Defendant as of March 16, 2012, and completed on April 17, 2012 with respect to the instant real estate, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “instant mortgage”) with respect to the establishment of a mortgage on April 16, 2012, based on the maximum debt amount of KRW 120,000,000 for the establishment of a mortgage contract (hereinafter “instant mortgage”).

In addition, on April 16, 2012, the Plaintiff issued to the Defendant a promissory note consisting of the payee, the par value of 30,000,000, and on the same day, a notary public drafted and issued a notarial deed of a promissory note under the No. 346 of a law firm optical Name Deed.

Meanwhile, on March 28, 2012, the Republic of Korea Agricultural Cooperatives filed an application for voluntary auction of the instant real estate with the Suwon District Court Ansan Branch C, and received a decision on voluntary auction from the said court on the 29th of the same month.

(hereinafter “instant auction procedure”). (e)

In distributing the amount of KRW 328,604,543 to be actually distributed out of the proceeds from sale on December 20, 2012, the court of execution shall distribute to the defendant the amount of KRW 328,60,543, the amount of which is to be actually distributed to the defendant, and KRW 100,000,000 based on each of the right to collateral security dated September 18, 2009 and September 24, 2009, and KRW 77,267,743, respectively, based on the right to collateral security of this case (hereinafter referred to as the “instant dividend table”).