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(영문) 제주지방법원 2015.09.22 2015가단2910
배당이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On November 4, 2010, the Defendant settled that the Defendant loaned KRW 1 billion to the Deceased a total of KRW 550 million to the Deceased on several occasions during a de facto marriage with the network D having de facto marital relations with the Plaintiff on November 4, 201, together with the above settlement details; the Plaintiff paid KRW 260 million from the Defendant until November 30, 201; KRW 240 million until March 5, 201; KRW 50 million until September 5, 201; interest shall be paid; KRW 7 million until the time the Defendant paid KRW 240 million to the Deceased; KRW 50 million after the repayment of the above money; and KRW 500,000 after the repayment of the principal and interest of the Deceased; and KRW 240,000,000,000 from the repayment of the principal and interest of the deceased; and KRW 14,00,000 per annum of the notarial deed shall be promptly paid (for delay).

B. On November 5, 2010, the deceased, a representative of the Plaintiff, concluded a mortgage agreement of KRW 950 million with respect to the land indicated in [Attachment] List Nos. 1 and 2, which is owned by the Plaintiff (hereinafter “mortgage agreement”). On November 9, 2010, the deceased concluded an additional mortgage agreement of KRW 950 million with respect to the land indicated in the Plaintiff List No. 3, which is owned by the Plaintiff, on May 6, 201, and concluded an additional mortgage agreement of KRW 950 million with respect to the land indicated in the Plaintiff List No. 3, which is owned by the Defendant, and the Plaintiff became a surety for the Defendant’s obligation against the Defendant.

C. Although the Deceased paid KRW 260 million to the Defendant on November 30, 2010, the Deceased did not pay the remainder of the borrowed principal KRW 740 million and interest accrued thereafter, the Defendant applied for the auction of real estate rent (the maximum amount of claims KRW 950 million and the amount of claims up to the date of distribution shall be KRW 1,259,796,712) with the Jeju District Court upon the application of the foregoing collateral security and additional collateral security (hereinafter collectively referred to as the “instant collateral security”). The Defendant applied for the auction of real estate rent (the maximum amount of claims KRW 950 million and the amount of claims up to the date of distribution shall be KRW 1,259,79,796,712) with the order to commence the auction on June 10, 2014, which was implemented on February 27, 2015.

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