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(영문) 울산지방법원 2014.09.18 2013가합8621
배당이의
Text

1. The distribution schedule prepared on November 22, 2013 by the above court with respect to the Ulsan District Court C, D (Duals) compulsory auction cases for immovables.

Reasons

1. Basic facts

A. (1) The Defendant’s loan claims E against the Defendant was borrowed KRW 200 million from the Defendant in the construction process of Ulsan-gun G apartment (hereinafter “instant apartment”) around July 201, and on April 27, 2012, the amount of debt KRW 200 million between the Defendant and the obligee, obligor E, and the obligor, the amount of debt KRW 200 million due, the interest rate of KRW 30% on September 20, 201 with due date, the amount of delay damages, 30% per annum, and the amount of delay damages amount of KRW 30% per annum by a notary public stating the purport of recognizing compulsory execution.

(2) On September 27, 2010, the Defendant’s credit against F (A) was contracted with F for construction of the instant apartment from F to KRW 1,777,840,00, and F was unable to pay the construction cost, and on July 14, 2011, the Plaintiff and F would settle the construction cost unpaid to E at KRW 1,352,00,000, and on KRW 1,261,259,000, some of them would be 1,302,402, 602, 701, 802, 802, 801, 9 households among the instant apartment units (No. 1,301, 302, 602, 801, 901, and 101).

(B) Meanwhile, E offered five households (Nos. 302, 402, 602, 702, and 1001) among the nine households of the instant apartment that the Defendant agreed to receive payment in kind from F as a means of transfer for the instant loan claim. In this regard, “Nos. 302, 402, 602, 602, 702, and 1001 in the name of F on July 20, 201” as to the completion of construction from the contractor (E) to B (Defendant) of the instant apartment that the Defendant agreed to obtain payment in kind from F, and “Nos. 302, 402, 302, and 402 of the substitute is deemed to be a clerical error.”

Recognizing that heading 602, 702, and 1001 are transferred to B by the contractor.

The certificate of "the transferor" was drawn up.

(C) However, F shall consent from E and the Defendant.

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