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(영문) 대전지방법원 2015.10.28 2015가단205465
배당이의
Text

1. On March 11, 2015, the distribution schedule prepared by the said court with respect to the Daejeon District Court C's auction of real estate.

Reasons

1. Facts of recognition;

A. (1) On October 16, 2013, the Plaintiff entered into a mortgage agreement with the Defendant regarding the obligor, G, the maximum debt amount of KRW 70 million, and the registration of the Daejeon District Court and the registration of the establishment of a neighboring mortgage under Article 101296, with respect to the registration of the establishment of a mortgage (hereinafter “instant real estate”). On October 23, 2013, the Plaintiff completed the registration of the establishment of a mortgage agreement with the Defendant as the registration of the Daejeon District Court and the registration of the establishment of a mortgage under Article 101296.

(2) On December 11, 2012, H received a decision on the provisional seizure of real estate with respect to the amount claimed as KRW 31,496,720, the value of which was KRW 31,496,720, Seo-gu, Daejeon-gu, Seoul Special Metropolitan City E-gu, which was subject to the provisional seizure of real estate.

B. (1) A debtor G prepared and ordered a certificate of borrowing as follows, which was dated October 18, 2013, to the Defendant. The following certificate of borrowing refers to a multi-level marketing company that the G intended to establish.

The amount of KRW 60,00,000 in daily gold (60,000) shall be fixed from Category B by January 18, 2014. The due date for payment shall be 3% per month. The amount of transplant shall be 1.8 million won per month. The interest on the daily gold 0,000 won (60,000 won) shall be paid in advance in the amount of KRW 1.8 million,3 months, and 5.4 million per month. The loan amount of KRW 60,000,000 in the amount of loan shall be converted into equity investment, the debt shall be extinguished, and the secured land document shall be in its original condition: Provided, That the remainder of the amount of KRW 30,000 (30,000,000) shall be repaid in principle, and the amount of transplant shall be 1% per month after January 18, 2014, the Defendant sent to G mail as follows:

“I notify you of the fact that the amount borrowed on October 18, 2013 is paid in full. I shall be converted to an investment of KRW 30,000,000,000,000,000 to the Dispute Settlement Bank I, which means that B does not provide that I would have an investment in social life and human paths to the Dispute Settlement Bank I, even if I would know that I would have an investment in the social life and human way.” (3) G shall be notified as of March 26, 2014.

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