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(영문) 서울북부지방법원 2016.11.01 2015가단23403
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. The plaintiff, the defendant, the non-employee villages, the non-employee villages, D are the defendant's punishment, and E and F are the parties, and E and F are the real estate brokerage offices operated by the plaintiff, and E are partially receiving a brokerage commission and assisting the plaintiff's business.

B. On October 18, 2007, D entered into a sales contract with the Defendant to purchase the H building 502 of Gangseo-gu Seoul Metropolitan Government (hereinafter “I”) owned by G for KRW 82 million under the name of the Defendant, and completed the registration of ownership transfer under the name of the Defendant, Dong-gu Seoul Southern District Court (Seoul Southern District Court No. 79581, Dec. 6, 2007).

C. On February 25, 2008, D took out a loan of KRW 50 million from the Freezing and freezing Fisheries Cooperatives (hereinafter “instant loan”), and created a mortgage of KRW 65 million with respect to the maximum debt amount. D paid interest on the said loan under the name of F, E paid KRW 780,00 won on July 25, 2008, Nov. 19, 2008, and the Defendant’s mother, respectively, on September 22, 2008. At the request of the Free freezing Fisheries Cooperatives, D voluntarily decided to commence the auction to K in Seoul Southern District Court on April 20, 2009, and sold on August 28, 2009.

E On September 29, 2009, between the Defendant and the Seoul Special Metropolitan City, Nowon-gu, one parcel M&L 401 (hereinafter “N”), and one parcel L 202 (hereinafter “P”), and Q apartment 305 (hereinafter “R”), entered into a mortgage agreement with the Defendant as a joint security; on the same day for N; on the same day; on the P and R, the maximum debt amount of 75 million won on October 7, 2009; on the P and R, the registration of the establishment of a mortgage with the debtor F.

(hereinafter referred to as the “instant collateral security”) with the Defendant’s name. E.

Meanwhile, on November 16, 2009, the decision to commence voluntary auction was rendered to the Incheon District Court S. on June 29, 201, and the R was made.

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