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(영문) 청주지방법원영동지원 2016.07.01 2015가단5094

배당이의

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 September 4, 2012, the Defendant filed a complaint with the Plaintiff on September 4, 2012 on the charge of fraud that “the Plaintiff, by deceiving the Defendant, and by deceiving the Defendant amounting to KRW 400 million from the Defendant.” 2) On December 14, 2012, when the instant case was pending, the Defendant drafted a written agreement between the Plaintiff and the Plaintiff that “the Defendant would cancel the complaint against the Plaintiff, and the Plaintiff would transfer the ownership of KRW 1,315 square meters (hereinafter “the instant land”) out of the land owned by the Plaintiff as at the time of the civil and criminal agreement.” The said written agreement contains the following contents:

(2) In the event that an auction is held due to a failure to repay a debt, the complainant (defendant) and the defendant (defendant) will divide the amount of the debt incurred by the auction into one half of the total amount of the debt incurred by the auction. In the event that an auction is held due to the failure to repay the debt, the complainant (defendant) and the defendant (defendant) will divide the amount into one half of the total amount of the debt incurred by auction.

B. On December 31, 2012, the Defendant completed the provisional disposition for prohibition of disposal on January 29, 2013 by having the right to claim the transfer registration of ownership under the instant agreement as a preserved right. 2) On February 6, 2013, the Plaintiff revoked the provisional disposition for prohibition of disposal on the instant land, and completed the transfer registration on January 23, 2013 to the Defendant on February 6, 2013 with respect to one-half of the instant land as to one-half of the instant land.

C. On May 13, 2014, the Plaintiff registered the instant right to collateral security (hereinafter referred to as the “registration of the instant right to collateral security”) with respect to the portion remaining one-half of the remainder of the land owned by the Plaintiff among the instant land to the Defendant, the maximum debt amount of KRW 100,000,000, and the Plaintiff and the mortgagee as the Defendant.