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(영문) 제주지방법원 2016.05.12 2015가합1242
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On August 22, 2005, the Defendant and C prepared a notarial deed of a monetary loan agreement for consumption (hereinafter “notarial deed of this case”) containing a declaration of intention to recognize compulsory execution that “C borrowed KRW 1,500,000,000 from the Defendant on August 21, 2005 at the same law office as Djoint Law Office as 386, a notary public borrowed KRW 1,50,000 from the Defendant on August 21, 2005, and such borrowed money from the Defendant until December 21, 2005,” and at the time the Plaintiff and E stand joint and several sureties’s loan obligations against the Defendant.

B. The Defendant’s compulsory execution, etc. against the Plaintiff 1) The Plaintiff and the Plaintiff’s husband F, in Jeju, are buildings with G 330.6§³ and ground reinforced concrete structure reinforced concrete roof 3 floors (hereinafter collectively referred to as “each of the instant real estate”).

) Each one-half equity (one-half equity shares of the Plaintiff, each of which is hereinafter referred to as “each of the instant equity interests”)

(2) On April 15, 2011, the Defendant filed an application for compulsory auction (hereinafter “instant compulsory auction”) for each of the instant shares on the basis of the instant notarial deed and completed the registration of ownership transfer on September 16, 201, by purchasing KRW 700,000,000 for each of the instant shares in the auction proceedings, and paying the proceeds of sale on September 16, 201, and paying the proceeds of sale on November 22, 2011.

3) On October 14, 201, the executing court of the auction case shall order H 12,00,000 won among the amount to be actually distributed on October 14, 201, and 157,863,953 won (hereinafter “the dividend of this case”) to the Defendant (hereinafter “the dividend of this case”) to the Defendant in the order of 60,751,387 won and 3rd priority to the Jeju Agricultural Cooperative, Jeju Agricultural Cooperative, a lessee, in the order of 463,751,387 won and 60,000 won.

The distribution schedule was prepared with each of the dividends distributed to B, and the defendant of this case's dividends.

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