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(영문) 부산지방법원 2016.07.14 2015가단241521

배당이의

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The facts subsequent to the facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1-9 (including paper numbers; hereinafter the same shall apply) and Eul evidence Nos. 2 and 4.

On November 15, 2013, Ilsungcom Co., Ltd. (hereinafter “ Ilsungcom”) entered into a contract with G Co., Ltd. (hereinafter “G”) to sell each of the instant land at KRW 5 billion (hereinafter “each of the instant land”) in Busan Dong-gu, J, K, L, M, N, N, and O (hereinafter “the instant land”). On November 28, 2013, it completed the registration of ownership transfer of each of the instant land on November 28, 2013.

B. On November 26, 2013, G entered into a real estate security trust agreement with the National Federation of Fisheries Cooperatives (hereinafter “NFFFC”) on each of the instant land as the first priority beneficiary, NFFFC, and Defendant E Co., Ltd. (hereinafter “E”) with respect to each of the instant land, and on the same day, G completed the registration of ownership transfer on each of the instant land to NFFC based on the said trust agreement.

C. Around March 2014, H agreed to pay KRW 250,127,760 to the Plaintiffs as the cost of establishing a corporation and the cost of transferring ownership of each of the instant lands, etc. by the end of April 2014.

G at the request of a notary public on April 13, 2015, G prepared a notarial deed of a monetary loan agreement with the purport that the sum of KRW 700 million of the borrowed principal as of November 28, 2013 and KRW 200 million of the borrowed principal as of June 30, 2014 shall be paid until May 31, 2015, and the interest thereon shall be paid at the rate of 25% per annum, and by the same method as of August 26, 2015, Defendant E prepared a notarial deed of a debt loan agreement with the purport that the repayment of KRW 50,976,821 shall be made until August 31, 2015 (quasi-loan for Consumption).

As above, each of the above.