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(영문) 광주지방법원 2016.09.30 2015나53649
배당이의
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim added in the trial is dismissed.

3. Costs of appeal and appeal.

Reasons

1. Basic facts

A. On January 24, 2007, the Plaintiff, the Defendant, and C purchased KRW 332,020,000 for E-source 4,221 square meters (hereinafter “instant land”) in Naju-si owned by D on January 24, 2007, and agreed to pay KRW 50,000 for the same day, the intermediate payment of KRW 150,000 for the same day, and the intermediate payment of KRW 132,020,00 for the remainder payment of KRW 132,00 on March 15, 2007.

(hereinafter “instant trade”). (b)

Accordingly, the Plaintiff paid 50,000,000 won for the down payment on January 24, 2007, and the Defendant paid 75,000,000 won for the intermediate payment on February 14, 2007, and 75,000,000 won for the remaining intermediate payment around that time.

In addition, the Plaintiff, the Defendant, and C have title trusted the instant land to H, the Plaintiff’s birth.

C. On March 12, 2007, H obtained a loan of KRW 170,00,000 from Korea Community Credit Cooperatives (hereinafter “instant loan”); on March 14, 2007, H paid the remainder of the purchase price to D with the instant loan; H completed the registration of ownership transfer on the instant land on April 4, 2007.

On the other hand, the down payment that the Plaintiff paid as described in the foregoing sub-paragraph (b) was borne by I, but the Plaintiff returned part of the money received to I, and caused H, the birthee, to complete the registration of creation of a mortgage over the instant land on August 6, 2008, the maximum debt amount of KRW 30 million,000,000, and the debtor H, respectively.

E. Next, with respect to the instant land, G, the spouse of C, completed the registration of creation of a mortgage on October 21, 2008, with the maximum debt amount of KRW 70,000,000,000 on April 11, 2013, the Defendant completed the registration of creation of a mortgage on April 25, 2013, the maximum debt amount of KRW 60,000,000,000 on April 25, 2013, and each debtor’s H.

F. However, upon the arrears of the instant loan, the Korea Community Credit Cooperatives filed an application for voluntary auction on the instant land, and the Gwangju District Court rendered a decision to commence voluntary auction on April 5, 2013 on the instant land.

(J) In order to prevent the above auction procedure, the Defendant: (a) on August 26, 2013, KRW 15,481,540, and H, including interest and late payment charges on the instant loan.

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