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(영문) 인천지방법원부천지원 2020.04.28 2019가단32882

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 23, 2009, the Plaintiff prepared a loan certificate (A; hereinafter “the loan certificate of this case”) stating the following contents with the Defendant on November 23, 2009.

The plaintiff's obligor: The plaintiff's obligor: the defendant's obligor confirmed that the above-mentioned amount of KRW 100,000,000 has been borrowed as the successful bid price on the first floor of the D building in Pakistan-si, Gyeonggi-do, and agreed as follows:

The following:

1.As above, preferential repayment of the above amounts of loan out of the proceeds of sale and lease of the property at the auction will be made.

2. 25% of the above investments in real property shall be paid.

B. On March 25, 2008, at the request of the G Union, which is a collective security right holder, on March 25, 2008, a voluntary auction procedure (hereinafter “instant auction procedure”) was initiated with respect to the Category C and the Category E to F of the 1st floor of the D building on the ground of the 18th parcel (hereinafter “instant real estate”).

In the auction procedure of this case, on June 16, 2008, I reported the lien of this case to the debtor J as the secured claim, with respect to the claim for the royalties of KRW 533 million against the debtor J.

(hereinafter “instant lien”). On August 27, 2008, the Defendant acquired the instant right of retention from Company I as follows: (a) the instant right of retention was acquired from Company I for the construction cost claim of KRW 533 million and the instant right of retention.

C. On July 25, 2008, G Union filed a lawsuit for the confirmation of the existence of the right of retention against J on the grounds that the Seoul High Court rendered a ruling to dismiss the claim of G Union on September 3, 2009 on the ground that the construction cost claim amounting to the above KRW 533 million against the J of K of the Plaintiff and the existence of the instant right of retention are recognized, and the above ruling became final and conclusive as it is.

On November 23, 2019, K tried to lease and sell the instant real estate at the auction procedure in this case.