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(영문) 의정부지방법원 2017.04.27 2016나61932
배당이의
Text

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

The District Court C, P (Du), Q (Dus), R (Dus), and S (Dus).

Reasons

1. Basic facts

A. Monetary loan agreement and establishment of a right to collateral security between the Plaintiff and the Defendant

1. The Plaintiff, while borrowing KRW 140 million from the Defendant, provided the instant real estate as collateral and performed the registration of collateral security of KRW 210 million with the maximum debt amount.

2. The Plaintiff shall pay the interest for KRW 140 million to the Defendant on the 3th day of each month, as the 2.5th day of the month (3.5 million won interest). The Plaintiff shall pay the interest for the delayed payment of KRW 140 million to the Defendant on the 3th day of the month.

(a) a summary)

8. The money borrowed by the Plaintiff under this monetary loan agreement shall be used first to cancel the provisional registration (holder M), No. 3 provisional dispositions (creditor D), and No. 4 provisional seizure (creditor N), and two real estate compulsory auction cases (Government District Court P and Government District Court C).

1 The Plaintiff is below H:

B. 1) As shown in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) as shown in the Plaintiff’s attached list.

(2) Upon filing an application for compulsory auction against H, there was a need to pay money to suspend the above auction procedure upon filing a claim objection suit against H and receiving a decision to suspend compulsory execution. On December 2012, 201, K police officers borrowed KRW 140 million from the Defendant with K to borrow loan agreement (hereinafter “instant agreement”) with the following content.

2) Meanwhile, when the Plaintiff entered into an agreement with the Defendant at the office of the joint corporation of U.S. in Seocho-gu Seoul, Seoul, the Plaintiff agreed that if the Defendant deposited KRW 140 million into the account of the joint corporation of U.S. as above, a certified judicial scrivener L used the loan as stipulated in paragraph 8 of the above agreement and paid the remaining money to the Plaintiff.

3. Accordingly, on December 20, 2012, the defendant remitted the amount of KRW 140 million to the account of the joint corporation of certified judicial scrivener of certified judicial scrivener of certified judicial scrivener of certified judicial scrivener of certified judicial scrivener of certified judicial scrivener of certified judicial scrivener of certified judicial scrivener of certified judicial scrivener, and the plaintiff received KRW 140 million

However, the above amount shall be the real property of this case.

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