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1. A loan for consumption concluded on May 3, 2016 between Defendant A and C is concluded on May 3, 2016 between Defendant B and C.
Reasons
1. Basic facts
A. The Plaintiff’s claim against C and real estate compulsory auction 1) The Plaintiff filed an application for compulsory auction against C’s real estate auction (hereinafter “instant auction”) with the Incheon District Court on February 22, 2016, according to the Supreme Court Decision 2014Da211954 Decided October 15, 2015, as to the claim for construction cost, KRW 157,989,002 as of May 3, 2016, according to the Supreme Court Decision 201Da21954 Decided May 3, 2016.
B. On May 3, 2016, C and the Defendants’ demand for distribution: (a) on May 3, 2016, C approved that “Defendant A bears the obligation of KRW 40,000,000 with the maturity of payment on May 3, 2016; and (b) on May 8, 2016, C, a notary public drafted a notarial deed to the effect that “When C fails to perform its obligation, it shall have no objection even if it was immediately enforced.” (b) a notary public drafted a notarial deed to the effect that C bears the obligation of KRW 100,000,000 with respect to the Defendant on December 24, 2010; and (c) a notary public drafted a notarial deed to the effect that “C shall not immediately be subject to compulsory execution even if it did not perform its obligation.” (c) a notary public demanded the Defendants to pay the obligation of KRW 100,000,000 with the said notarial deed as a loan for consumption.”
C. On January 24, 2017, regarding the instant auction case, the distribution schedule (hereinafter “instant distribution schedule”) was prepared in which the Plaintiff distributes KRW 20,341,831, the Defendant A, KRW 4,946,576, and KRW 11,941,139 to Defendant B as to the instant auction case. (2) The Plaintiff appeared on the distribution date and raised an objection against the entire amount of the Defendants’ dividends, and filed a lawsuit of demurrer to the distribution on January 26, 2017.
[Reasons for Recognition] Evidence A No. 1-1, 2, Gap No. 2, 3, and 45, and the purport of the whole pleadings
2. Determination:
A. The Plaintiff is already holding a judgment claim against C prior to the preparation of each notarial deed against the Defendants by C.