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(영문) 인천지방법원 2020.04.24 2019가합57236
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 12, 2014, the Defendant received a provisional attachment order regarding F forest land of 12,741 square meters and 1,653 square meters of G forest land of Incheon, Incheon, Incheon, Incheon, as the Incheon District Court 2014Kahap1320, with a claim amounting to KRW 600,000,000,000, and the entry registration was completed.

B. On October 30, 2015, the Defendant filed a lawsuit against E on the claim for loans relating to the said claim with the Incheon District Court 2014Gahap11303, and rendered judgment on October 30, 2015 that “E shall pay to the Defendant 600,000,000 and interest calculated at the rate of 5% per annum from March 10, 2015 to October 30, 2015, and 20% per annum from the next day to the date of full payment.” This was finalized on November 18, 2015.

C. On September 7, 2016, the Plaintiff completed the registration of ownership transfer for each of the above real estate on August 18, 2016.

On August 11, 2017, the Defendant applied for a compulsory auction on each of the above real estate based on the above provisional seizure to the Incheon District Court C with the title of execution, and received a decision to commence compulsory auction on August 11, 2017, and accordingly the auction procedure was in progress. The above court designated the completion period to demand a distribution as October 26, 2017.

(hereinafter referred to as "first auction case"). (e)

As of September 6, 2017, under Article 784 of the deed of H office issued by a notary public on September 6, 2017, the Plaintiff drafted a notarial deed of money consumption loan (hereinafter “notarial deed of KRW 500,000,000”) with a maturity of KRW 500,000,000 lent to E on September 6, 2017, with a maturity of 24% per annum of 20% per annum (hereinafter “50,000,000”) with a maturity of KRW 1,235,00,000 lent to E on September 6, 2017 with a maturity of KRW 1,235,00,000 with a maturity of KRW 24% per annum (hereinafter “1,235,00,000 each notarial deed”).

F. In the auction procedure of the first auction case, the Plaintiff filed a report on the right based on the No. 1,235,000 won No. 1,235,000, prior to the completion date of the demand for distribution, in the auction procedure of the first auction case.

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