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(영문) 대전지방법원 2015.06.26 2014나2943
근저당권설정등기말소
Text

1. The judgment of the court of first instance is modified as follows.

As to the Plaintiff’s forest C0,419 square meters in Ansan-si, the Defendant shall:

Reasons

1. Basic facts

A. D was a leader who organized and operated several successful bidders in Asan City, and the Plaintiff joined part of D’s successful bid price as a member due to v. S. who operated E’s Section.

B. The Plaintiff joined a number of successful bidders organized by D from around 2008 to 2011, and received a successful bid or received a successful bid in lieu of D and made a monetary transaction with D by borrowing it.

(c) The successful bidder D shall be awarded a successful tender for the first month after the remainder of the successful bidder's each payment of KRW 1 million to the previous successful bidder, with the exception of KRW 27,600,000,000 for the first month (for example, the total amount of KRW 27,000,000 for the previous total amount of KRW 1,00,000). The successful bidder shall be awarded a successful tender for the previous successful bidder's each payment of KRW 1,00,000 per month from the successful tender amount to the last one, and the remaining amount after the deduction of KRW 1,40,000 for the previous successful bidder's total amount of KRW 30,00 for the previous successful bidder's each payment of KRW 1,00 for the previous successful bidder's each payment of KRW 30,000 for the previous successful tender amount [for example, 1,000,000 for the third time period of KRW 14,50,000].

On the other hand, a fraternity may receive the amount of a successful tender by another fraternity member on the time-to-day with the approval of a fraternity. In such a case, a fraternity member who received a successful tender in lieu of the successful bid amount borrowed the amount equivalent to the successful tender amount from another fraternity member who received the successful tender, and the amount of the successful tender amount has been operated in the way of paying for the next time-to-day only one million won to be paid on the time-to-day.

D The details of the guidances related to this case among the limits operated by D are as follows:

The 10th day of September through November 10 from September 10 to November 10, 209, the 15th day of September, 25th day and 20th day of September.

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