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(영문) 수원지방법원 2018.09.13 2017나85269
배당이의
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

purport, purport, and.

Reasons

1. Facts of recognition;

A. On June 14, 2006, E completed the registration of ownership transfer with respect to 9,756 square meters of I forest land in Sung-si (hereinafter “Fri”) on the following occasions: (a) on the I forest land, a total of 6,265 square meters of S or T forest was divided into 9,756 square meters; (b) on October 29, 2009, a total of 6,265 square meters of S or T forest was divided into 173 square meters of U forest on February 22, 2010; and (c) on December 7, 2010, a total of 2,761 square meters of G or N forest was divided.

B. On February 20, 2013, the Defendant drafted a written contract for construction works with Company V (hereinafter “V”), consisting of KRW 285 million for civil engineering works among construction works newly constructed Class I neighborhood living facilities in I forest, and written a written statement of payment with KRW 18,948,00 for filling-up and installing additional retaining wall of W or T forest parking ground facilities on February 20, 2013. On February 20, 2013, a notary public drafted a notarial deed under Article 106 of the X-based document 2013 that the Defendant lends KRW 50,50,000 to V at a maturity of 30% on March 30, 2013 and the delay damages rate of KRW 30% on a yearly basis.

C. As to G forest land 221m2, H forest land 110m2 (hereinafter collectively referred to as “the instant forest”), in the case of B-ownership, the Plaintiff completed the registration of creation of a neighboring forest land with the obligor R on October 14, 2009 (the instant forest land was established prior to the division of the instant forest, and was divided into the instant forest land after the division). The Defendant completed the registration of creation of a mortgage on June 7, 2013 with respect to the instant forest land with the maximum claim amount, KRW 65 million, the debtor, and KRW 5,000,000,000,000,000,000,000 won, and the Plaintiff was voluntarily decided to commence the auction on March 24, 2014 as the Suwon District Court with respect to the instant forest, etc.

(hereinafter “Prior Auction Procedure”). D.

On September 22, 2014, the Defendant performed civil engineering works on the instant forest land, etc. in accordance with the contract for construction works with V during the instant pre-auction procedure, and generated KRW 69,448,000 for the completion of construction works. In order to receive the said construction cost, the instant construction works were to be paid.

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