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(영문) 청주지방법원 2018.02.07 2017가합201313
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) On July 8, 2013, the land located in Cheongju-si was divided into the said E Forest No. 4,514 square meters and the said F Forest No. 1,769 square meters. On October 4, 2013, the land category of the said E Forest No. 4,514 square meters was changed into a building site; and the land classification of the said F Forest No. 1,769 square meters was changed into a road, respectively; on March 12, 2014, the said E-land No. 4,514 square meters was divided into each land listed in attached Tables 1, 2014 and 1, 2010. 2) on October 28, 2010, the ownership transfer registration was made in the name of the Plaintiff Co.,, Ltd., Ltd. (hereinafter referred to as “Gaol-ri”) with respect to shares in the said D land due to each of the following reasons:

3) As to the above D’s land, the maximum debt amount of KRW 2,080,00,000 on October 25, 2012, and the debtor’s Round and the mortgagee’s New Credit Union (hereinafter “New Credit Union”) (hereinafter “New Credit Union”).

4) Of the shares in the above D’s 7,985/17,985 shares in the above D’s 7,985/17,985 shares, the share transfer registration for sale as of October 30, 2012 was completed in the name of H on October 31, 2012. On the same day, H’s 309/17,985 shares out of H’s 735/17,985 shares, the share transfer registration was completed due to the sale as of October 30, 2012 under the name of H was completed. As to the shares in the above 735/17,985 shares in H, the share transfer registration was completed due to the partition of co-owned property in the name of the Plaintiff and G, respectively, under the name of the Plaintiff and G.

B. On March 12, 2013, the Plaintiff was loaned KRW 5,000,000 from the Chang Newcom.

C. 1) Of the above F forest land 1,769 square meters, the registration of transfer was completed on July 10, 2013 on the ground of a partition of co-owned property on the same date in the name of G on July 10, 2013, as to the entire share of 7,559/17,985 [the (7,985/17,985 shares - 735/17,985 shares - 7,59/17,985 shares) and the Plaintiff’s share of 5,213/17,985 shares (=the share of 5,00/17,985 shares 213/17,985 shares). On the same day, the registration of transfer was completed on the ground of a partition of co-owned property on the same date under the name of G on the same date.

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