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(영문) 수원지방법원안양지원 2015.01.08 2014가합103058
청구이의
Text

1. As to Nonparty D:

A. The Defendant B’s notary public E belonging to the Seoul Eastern District Prosecutors’ Office was prepared on January 14, 2014.

Reasons

In fact, on August 18, 2009, the Plaintiff loaned KRW 100,000,000 to Nonparty D with the maturity on February 28, 2010.

On December 19, 2013, the Plaintiff obtained a decision that provisionally seizes the secured debt of the first priority collective security right (hereinafter “mortgage claim of this case”) (hereinafter “mortgage claim of this case”), which is the maximum debt amount of 75,00,000 won, from the Leecheon-si, Gacheon-si, 506 square meters (hereinafter “the instant real estate”), which was owned by D’s mother on December 19, 2013, as to the instant real estate (hereinafter “the instant real estate”). According to the provisional attachment decision, the Plaintiff was registered additionally as the Suwon District Court, Dongcheon-si, registry office, 5176, received on December 24, 2013.

Since then, the Plaintiff received from D the above loans 100,000,000 won and damages for delay from March 1, 2010, the payment order was finalized on February 22, 2014, when the above payment order became final and conclusive on February 22, 2014. On May 8, 2014, the Plaintiff received the above provisional seizure and the seizure and collection order (Yan District Court 2014TB 1673) to transfer the above provisional seizure to the original seizure.

With respect to the instant real estate, the auction procedure is currently underway by the decision on compulsory commencement of auction (I) dated July 24, 2013 (I) and the decision on compulsory commencement of auction (J) dated October 8, 2013 (J).

Defendant B is the husband of K, and Defendant C is the father of D.

D and the Defendants, at the E office of the public prosecutor’s office of the Seoul Eastern District Public Prosecutor’s Office on January 14, 2014, with respect to promissory notes of KRW 205,00,000, which are issued at the sight of the due date under the issuer D, the payee B, the issue date under the 2014 Certificate No. 36 on February 21, 2013, and with respect to Defendant C’s promissory notes of KRW 205,000,00, which are issued at the sight of the due date under the 2014 Certificate No. 35 of 2014, Mar. 15, 2013; and KRW 260,000,000, which are issued at the sight of the due date, are each of the instant cases.

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