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(영문) 서울고등법원 2015.03.26 2014나34920

배당이의

Text

1. The part against Defendant C in the judgment of the first instance shall be revoked.

2. the Suwon District Court E Real Estate E. Compulsory auction.

Reasons

1. Facts of recognition;

A. The Plaintiffs’ claim 1) F practically operates J Co., Ltd. as the representative director of the IF corporation. 2) Plaintiff B lent KRW 25 million on February 15, 2007, KRW 75 million on February 16, 2007, and KRW 100 million on February 16, 2007 to F, respectively.

3) The Plaintiffs urged F to return the said loan to F on November 2007, and on March 5, 2008, the Gyeonggi-gu G Land and Building (hereinafter “instant real estate”) owned by F on March 5, 2008.

(4) The Plaintiffs filed a loan claim lawsuit against F on March 17, 2010, and filed a judgment against F on February 17, 2011, stating that “F shall pay to each of the Plaintiffs 100 million won and interest calculated at the rate of 5% per annum from December 31, 2007 to April 26, 2010, and 20% per annum from the following day to the day of full payment,” and that F’s appeal and final appeal against the said judgment were all dismissed, and the said judgment became final and conclusive on February 14, 2012.

(Seoul District Court 2010Kahap766, Seoul High Court 2011Na24175, Supreme Court 2011Da1063). (b)

(1) As to the instant real estate, the Industrial Bank of Korea, the mortgagee of the right to collateral security, completed the registration of the establishment of a collateral security on July 2, 2007, and on July 31, 2007, the registration of the ownership transfer claim based on the F’s promise on September 19, 2007. Meanwhile, as to the instant real estate on November 11, 2009, the Defendant C (the first I Co., Ltd and the J Co., Ltd.), and K, the wife’s wife, the wife of F, completed the registration of the establishment of a collateral security on May 18, 2012, with respect to the instant real estate, and filed a lawsuit against H, the Defendant C, and K, the provisional registration, and the aforementioned establishment of a collateral security on July 18, 2012.

(U.S. District Court Decision 2012Gadan16650). In the above lawsuit, H on October 11, 2012