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Reasons
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(영문) 대구지방법원 2020.11.04 2020나300112
배당이의
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The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned KRW 10,000,000 to E on September 28, 2016 as interest rate of KRW 2.5% and as of December 28, 2016. On October 19, 2016, the Plaintiff loaned KRW 50,000,000 to E on January 25, 2017 (hereinafter “each of the instant loan claims”).

(2) On September 28, 2016, the Plaintiff completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 130,000,00 with respect to Nos. 1, 2, and K, and L as of September 28, 2016, and the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 65,00,000 with respect to No. 3 housing and No. 3, 2016.

B. On March 24, 2017, Defendant B leased the first house from E from March 24, 2017, with a deposit of KRW 35,00,000, and with a lease period of KRW 35,000, from March 24, 2017 to March 23, 2019 (hereinafter “first lease contract”).

(2) On April 8, 2017, Defendant C leased the second house from E to April 30, 2019 (hereinafter “second lease contract”) by setting the deposit amount of KRW 40,000,000, and the term of lease from May 1, 2017 to April 30, 2019 (hereinafter “second lease contract”), and paid KRW 4,00,000 as security deposit, and KRW 36,00,00,00 as of April 36, 20,00 on April 12, 2017, and received the fixed date after completing the move-in report on May 12, 2017.

3) On April 25, 2017, the network D leased a third-party house from E with a deposit of KRW 35,000,000, and the term of lease from May 15, 2017 to May 15, 2019 (hereinafter “third-party lease contract”) (hereinafter “third-party lease contract”), and each of the above lease agreements is collectively referred to as “each of the instant lease agreements.”

(C) At the time of each of the instant lease agreements, E owned each of the instant housing units M, K, and L, respectively, and owned each of the instant housing units, M, K, and L at the time of each of the instant lease agreements.

2. Each of the instant cases.

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