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(영문) 청주지방법원 제천지원 2018.01.10 2016가단871

배당이의

Text

1. Of the Plaintiff’s lawsuit against Defendant F, the part of the Plaintiff’s claim of demurrer against the distribution amounting to KRW 911,751, out of the dividend amount No. 4.

Reasons

1. Basic facts

A. I is the husband of the Plaintiff.

I completed the registration of ownership transfer on March 3, 1983 with respect to 1,756 square meters (hereinafter referred to as “J land before division”) before JJ in Chungcheongnam-gun, Chungcheongnam-do.

B. K lent 30,000,000 won to I on May 8, 1994

(2) On July 13, 1995, K completed the registration of the establishment of a neighboring mortgage as the debtor I with respect to the land, etc. J prior to subdivision from I on July 13, 1995, with a view to securing the above loan claims.

(hereinafter “instant 1-mortgage”). C.

On September 23, 1995, J land was divided into 493m2 (hereinafter “J land after division”) and 1,263m2 (hereinafter “instant land”).

I completed the registration of ownership transfer on September 22, 1995 for J land and this case's land after division to M on September 23, 1995. D.

N on June 28, 1997, the Plaintiff lent KRW 13,500,000 to the Plaintiff at an interest rate of 2% per month and due date of payment on July 17, 1997.

(2) On June 30, 1997, N completed the registration of the creation of a new mortgage on the land of this case and the land of Chungcheongbuk-gun, P land (hereinafter “O”) and Q Q land, etc. in order to secure the second loan claims of this case. The N completed the registration of the creation of a new mortgage on the land of this case and the land of Chungcheongbuk-gun, P land of this case (hereinafter “O”) and the land of this case, Q Q land, etc.

(hereinafter “instant 2-mortgage”). E.

N on July 14, 1997, the Plaintiff lent KRW 6,000,000 to the Plaintiff at an interest rate of 2% per month and due date of repayment on December 14, 1997.

(hereinafter referred to as the “third loan”). In order to secure the third loan claims of this case, N completed the registration of creation of a mortgage on the J land after the split-off on August 13, 1997, the maximum debt amount of J land was KRW 9,500,000, and the debtor’s relocation registration that became the Plaintiff.

(B) On March 20, 200, N transferred to Defendant F the instant claim for loans, and each of the instant assignment of claims is thereafter to the Plaintiff.