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(영문) 대전지방법원홍성지원 2016.06.30 2015가합1908
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 15, 2004, Samdosan Co., Ltd. agreed to repay debt KRW 300 million to the Defendant and the Plaintiff’s Defendant, and completed the registration of establishment of a subordinate mortgage to the obligor Samdosan Co., Ltd. (hereinafter “the instant real estate”) with respect to the real estate listed in the attached list owned by the Plaintiff (hereinafter “the instant real estate”).

(hereinafter “instant 1-mortgage”). B.

E’s purchase of the instant real estate and the occurrence of debt. (1) However, the bank, one of the senior collateral security holders, applied for the auction of real estate rent to the Daejeon District Court Red Branch F for the instant real estate. (2) On November 3, 2005, the Plaintiff and the Plaintiff’s wife borrowed from the Defendant KRW 47 million as the bid bond for the instant real estate, and the Defendant is above.

The plaintiff and E agreed to pay KRW 300,000 as stated in the Paragraph, and they issued each of the Promissory Notes (No. 6-2) and Promissory Notes (No. 6-1) with a face value of KRW 300,000 to the defendant as collateral for this.

3) On the other hand, after obtaining permission for the sale of the instant real estate, E, from the Defendant on December 12, 2005, borrowed 22.5 million won per annum from the Defendant on December 12, 2005 as the registration cost, and 7.7 million won as the purchase price for real estate. 4) On December 12, 2005, E, on December 12, 2005, agreed to pay 450 million won, adding 3.5 million won per annum to the Defendant on June 30, 2006, plus 3.5 million won per annum to pay 10 million won per annum (Evidence 14-1) as the joint and several liability of the Plaintiff and E on June 4, 2005.

(B) No. 14-3) 5 December 13, 2005, prior to the right to collateral security and objection to the real estate of this case.

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