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(영문) 수원지방법원 2015.10.27 2014가합11065

배당이의

Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On November 12, 1990, G: (a) Around June 12, 1990, Defendant B borrowed KRW 130,00,00 from Defendant B with a maturity of KRW 130,00,00 from June 25, 1992; (b) on March 20, 1991, Defendant C borrowed KRW 220,000,000 from Defendant C with a maturity of KRW 20,000 from July 30, 1992; and (c) on December 12, 1996, Defendant B borrowed the loan with a maturity of KRW 20,00,000 from Defendant B with a maturity of KRW 20,00 from June 25, 199; and (d) on December 30, 199 (hereinafter “certificate of loan”).

B. On November 21, 1992, G: (a) with respect to the share (158.9/300) owned by G at the time of the division (hereinafter “the share (158.9/300”) among the shares (the maximum debt amount) of H 105,422 square meters of land in the wife population H at the time of the division to Defendant B before the division (hereinafter “the land before division”); (b) on the same day, G was completed the registration of creation of a neighboring mortgage (hereinafter “the first mortgage”) with the debtor, G, the maximum debt amount of KRW 220,000,000 for the debtor, G, and the maximum debt amount of KRW 220,00,00 for the Defendant C; and (c) at the time of the division, G owned each share of each of the shares of G. 158.9/300, 36/300, 36/300, 36/5/30, and 304.

C. Meanwhile, on June 23, 1997 between G, I, J, Plaintiff and L, the Seoul High Court 97ss.5458 (Mains), 5465 (Counterclaim), 97Na630 (Counterclaims), and 647 (Counterclaims) of the following contents were concluded.

(1) Among the land before subdivision, the area of the land at issue shall be 69,058 square meters of the H forest in Yongsan-si shall be owned by G.

(2) Of the land before subdivision, 19,205 square meters of forest land and N forest land and 15,933 square meters of land (hereinafter “instant land”) shall be the joint ownership (one-third equity) of J, K and L.

(3) Of the land before subdivision, 1,226 square meters of forest land in the O,226 square meters shall be the co-ownership (one-two equity shares) between G and J.

According to the above conciliation, the land before subdivision was divided into four parcels as above, and pursuant to the above conciliation on April 28, 199.