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(영문) 광주지방법원 2018.01.10 2017나55502
배당이의
Text

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

It exceeds 96,778,456 won out of the amount of dividends to the defendant.

Reasons

1. Basic facts

A. On June 8, 2015, A completed the registration of the establishment of a nearby the Gwangju District Court head registration office under No. 7034 on the ground of a mortgage contract (the maximum amount of claims KRW 400 million) on June 5, 2015 with respect to the forest land listed in paragraphs 1 through 3 of the attached list, which is owned by the owner (hereinafter referred to as “fachi-gun forest land”).

B. On June 15, 2015, H Co., Ltd. (hereinafter referred to as “H”) in which the representative director was a representative director: (a) written advisory agreement in the form that the Defendant and the period from June 16, 2015 to June 15, 2017 shall be KRW 400,000 per month; (b) the corporate card shall be KRW 200,000 per month; and (c) when the advisory agreement is terminated, the L shall return the loan amount of KRW 300,000 to the Defendant; and (d) the substance thereof shall be a loan agreement that the L Co., Ltd shall borrow from the Defendant on June 15, 2017 by setting the repayment period of KRW 30,000 from the Defendant.

The defendant, on June 12, 2015, shall be KRW 100,000,000,000,000

6.17.95 million won;

6. 22.10 million won was remitted.

C. On September 25, 2015, A completed the registration of ownership transfer to the Defendant on the ground of a sales contract on September 23, 2015, under the receipt of the Sungsung District Court head registration office No. 12948, Sept. 25, 2015.

In addition, A completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) against the Defendant on September 23, 2015 on the land listed in the separate sheet Nos. 4 and 5 (hereinafter “instant land”) in the separate sheet, as the receipt of the Seoul District Court Registry No. 14374 on the ground of trade reservation on September 23, 2015.

The establishment registration was completed on July 25, 2014, which was received on July 25, 2014 by creditors No. 10041, No. 168,000 for creditors Nonghyup Bank Co., Ltd., the debtor A, the maximum debt amount of 168,00,000, and the establishment registration was completed on the forest land of Masung-gun and the land of this case as creditors K, the debtor A, and the maximum debt amount of 20,000 won.

(1) On November 18, 2015, the defendant has to the Nonghyup Bank Co., Ltd. 99,779.

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