logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.01.28 2015가합63957
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. D’s actual loan of June 25, 2001 appears to have been made on June 26, 2001, and is also written as a loan transaction agreement of June 26, 2001 in subsequent documents related to loans. However, it is a loan transaction agreement of June 25, 2001 on the basis of the date on which the mortgage contract was concluded for convenience.

A loan transaction agreement was concluded with the domestic community credit cooperatives and was loaned in KRW 160,000,000.

(hereinafter “D’s loan obligation”). E offered land and ground, J land, K land, L land and buildings, M, M land and ground, and N land as collateral for D’s loan obligation, including the land, G land, H land, and H land in Sung-si, and the registration of the establishment of a mortgage, which is a neighboring community credit cooperative within the debtor D and the mortgagee, was completed on June 25, 2001 with respect to each of the above real estate as the head of Suwon District Court No. 49405, Jun. 25, 2001.

B. On June 19, 2003, an incorporated associationO (representative E, hereinafter “O”) drafted an agreement for the establishment of a charnel house with the Defendant as follows:

(hereinafter referred to as the “Agreement”). A: The objective of this Agreement is to establish a charnel house, and the purpose of this Agreement is to set forth at least 32,000,00 for the joint representative plaintiff of the defendant, the joint representative plaintiff of the P2, and the head of the P2, respectively.

Article 3 (O) and the defendant shall distribute the net income, excluding the total investment cost required for business, to 50:50.

Article 4 The defendant shall purchase the land necessary for 32,00 period and shall complete the buildings corresponding to the above 32,00 period.

(Provided, however, it shall be invested within the limit of one billion won to the land purchased in the project site, including the amount of repayment of community credit cooperatives in Songsung, but the above amount shall be settled by theO). Article 5(O provides ten parcels of land in the project site in the project site in terms of harmony, Q, R, S, T, U, V, W, N, and K as its main project site.

(O) Any person shall purchase access roads necessary for authorization and permission and approve the use of roads.

arrow