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(영문) 창원지방법원진주지원 2019.05.28 2017가단36020

공탁금 출급청구권 확인

Text

1. As to KRW 6,090,704 deposited by Changwon District Court Jinwon Branch on June 1, 2017 as gold 654 in gold 2017.

Reasons

1. Basic facts

A. The relationship between the parties (1) was established on January 22, 1985 by the Plaintiff. The NetworkJ (hereinafter “the deceased”) served as the Plaintiff’s director and the chief director from February 5, 199 to January 12, 2012.

(2) Defendant B, the deceased’s spouse, was appointed as the Plaintiff’s director on February 5, 199 and resigned on February 5, 2002. However, on February 5, 2003, the Plaintiff was appointed as the Plaintiff’s director again on February 11, 2012 and continued to work until the resignation of the director and the chief director on February 5, 2015.

On the other hand, the Deceased and Defendant B had the remainder of the Defendants under their chain.

(3) The K Co., Ltd. (hereinafter “K”) is a company with 30,208 shares issued and outstanding (ordinary share, 5,000 won per share) and owns a customary market building with Lbuba-si Lba-si 4646.3 square meters and its ground level (hereinafter “instant market building”). In fact, the above market building, which is an aggregate building, is an aggregate building, has issued shares (unregistered shares) corresponding to the location and area of the specific house room to the shop occupants without the separate registration for each unit, and has been managed so that the ownership of each share certificate and each unit unit can be combined and traded.

(4) The network M (hereinafter “M”) and the network N (hereinafter “N”) are married couple, and M was the owner of each share of the Pho Lake, Qho (3p and 175 shares, each of the above units (hereinafter collectively referred to as “Oho Lake, Phop, Qhop, Qho (175 shares, each of the above units) (hereinafter referred to as “Oho Lake,” “Phop, Qhop,” and each of the units of this case).

B. The loan transaction (1) between the Plaintiff and the N was extended a loan extended five times from May 7, 1993 to March 22, 2002 on R and its ground buildings (a total of 425 million won) from the Plaintiff as collateral against the Plaintiff during the period from May 7, 1993 to May 22, 2002, on March 100, at the interest rate of 7.8% per annum, and on March 30, 2005, additionally extended a loan under each condition.

(hereinafter “instant loan”). (2) N is above.