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(영문) 대구지방법원 2015.11.19 2015가합1004
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 6, 2010, the Plaintiff made a loan to Nonparty E with a maturity of KRW 100 million as of October 6, 2010.

On August 6, 2010, the Plaintiff agreed to convert the above loans of KRW 100 million to investments in the housing construction in Mongolianan-gu Seoul Metropolitan Government, Ulsan Metropolitan Government, and agreed to receive payment up to June 30, 201.

As the Plaintiff was not repaid from E, on July 19, 201, the Plaintiff applied for a provisional attachment against the instant real estate : (a) received a ruling of provisional attachment against real estate on July 21, 201; and (b) completed the entry registration; (c) filed a lawsuit against E on October 19, 201, under the Daegu District Court 201Kadan70753, and filed a lawsuit on the claim for refund of investment with the said court on March 5, 2012, the Plaintiff paid KRW 100 million to the Plaintiff by October 30, 2012; and (d) received a ruling of recommending settlement, “E shall pay the Plaintiff the amount of KRW 8.2% of the profit pursuant to the previous agreement with the dividend payment in connection with the construction of a building with Ulsan-gu 1,080 apartment units.” The said ruling of recommending settlement was finalized at that time.

Meanwhile, on June 24, 201, E is a "mortgage-1 contract with the non-party F on the real estate stated in the attached list Nos. 1 and 2."

B. On June 27, 2011, the Daegu District Court completed the registration of the establishment of a mortgage with the maximum debt amount of KRW 250 million at the Gyeongsan District Court registry.

On December 22, 2011, the Defendant entered into an underwriting contract with F on the said real estate, and completed the registration of the transfer of the right to collateral security (No. 5024) on December 26, 201, which was received on December 26, 201.

On December 22, 2011, the Defendant: (a) concluded a mortgage on real estate recorded in E and attached list (hereinafter referred to as “second mortgage contract”); and (b) included the first and second mortgage contract; and (c) included the first and second mortgage contract, “each of the instant mortgages contract”.

B. On December 26, 201, the registration of the establishment of the Gyeongsan registry office was completed on December 26, 201, the maximum debt amount of KRW 350 million.

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