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(영문) 대구고등법원 2019.05.30 2017나23678
배당이의
Text

1.The judgment of the first instance shall be modified as follows:

The Daegu District Court Kimcheon-do H real estate auction case.

Reasons

1. Basic facts

A. 1) The Plaintiff is a party, etc. and the Plaintiff is a land listed in the attached Table 1 List 1 and 2 (hereinafter “each of the instant land”).

(2) On December 17, 2012, the establishment of a mortgage and the establishment of a mortgage over the maximum debt amount of KRW 910,000,000,000,000 for the maximum debt amount of KRW 1.82 billion, respectively. (2) The J Co., Ltd. (hereinafter “J”) is a company established on April 8, 2013 for the purpose of new construction, sale, etc. of real estate.

The actual operator of the J is K, and K was the representative director of the J from the time of its establishment to January 15, 2014.

3) On July 8, 2013 and July 11, 2013, J acquired ownership of each of the instant land, and conducted two projects to build a new building with consent on the ground from that time. Among them, Ldong buildings consisting of three to ten partitioned buildings listed in the attached Table 1 list (hereinafter referred to as “Ldong building”).

) The other Ldong buildings consisting of the sections 11 to 18 listed in the attached Table 1 list (hereinafter the above sections are referred to as “Mdong buildings” and the “each building of this case” together with the Ldong building.

4) On October 21, 2013, I completed the registration of ownership transfer in its name with respect to each of the instant land, as K’s partner.

5) N is U.S. Co., Ltd. (hereinafter “U”).

6) At the time of the above agreement between J andO, the N is the representative director, and N’s husband is U’s actual operator. Around August 2013, J agreed to the effect that “the O’s establishment of a collateral security right on each of the instant buildings shall lend funds necessary for the completion of the building and complete the completion of the construction,” and that “the registration of preservation of ownership was not completed due to the lack of approval for the use of each of the instant buildings at the time of the said agreement.”

N around January 22, 2014, "N" lent money to I, the owner of each building of this case, to set up a right to collateral security with respect to each building of this case.

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