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(영문) 수원지방법원여주지원 2020.06.10 2018가합5897
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. The Plaintiff’s claim against D filed an application with the Suwon District Court for a payment order seeking a loan against Nonparty D as Suwon District Court Branch Branch Decision 2017Hu5688, Aug. 8, 2017, the said court received a payment order stating that “D shall pay to the Plaintiff KRW 348,938,286, and KRW 300,000,00 from January 29, 2013 to July 14, 2014; and KRW 30% per annum from the next day to the date of full payment; and KRW 174,900 per annum for demand procedure expenses, which is calculated at the respective rate of 25% per annum from the next day to the date of full payment.” The said payment order was finalized as is.

B. 1) Gyeonggi E-ri (hereinafter “E-ri”) is Gyeonggi E-ri (hereinafter “E-ri”) for the acquisition of E-ri land ownership and the establishment of a right to collateral security.

A) F forest land is 35,140 square meters (hereinafter “Ei Real Estate before division”).

A) On October 27, 2009, a sales contract was prepared between G, H and the Defendant, with the content that G, G, and H sell the real estate of Ei, I, I,028 square meters, I, and I, to the Defendant for KRW 1.7 billion (a sales contract entered into pursuant to the above sales contract is referred to as “instant sales contract”).

2) On January 26, 2010, G and H completed the registration of transfer of ownership (hereinafter “instant transfer of ownership”) based on the sales contract of November 25, 2009, which was based on the grounds for registration, to D on January 25, 201.

3) On January 26, 2010, D is the registration of creation of a neighboring mortgage over the amount of shares 27,764.6/35,140 out of Eriuri Real Estate, which was divided to the Defendant on January 26, 2010, which was KRW 1,485,00,000 of the maximum debt amount, and KRW 485,000 of the debtor D and the mortgagee as the Defendant

(4) D) The co-owners sold the shares of E Ri real estate before partition, and the co-owners sold the shares of E Ri real estate before partition of co-owned property and the co-owners arranged the co-ownership of shares, thereby constituting F. 27,66 square meters of forest land on February 11, 201 (with respect to F. F. F. 27,66 square meters of forest land on June 14, 201, D completed the registration of transfer of shares owned by Nonparty 15,735/27,666 shares, and Non-party J. 15,735/27,666 shares, with respect to F. F. 27,66 square meters of forest land on February 11, 201).

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