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(영문) 서울중앙지방법원 2017.09.01 2016가단5057942
배당이의
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On November 2, 2010, Nonparty C Co., Ltd. (hereinafter “C”) paid 13 parcels of land, including Guro-gu Seoul Metropolitan GovernmentF, and participated in the auction procedure, and paid 549,978,900 won (i.e., KRW 116,64,700, KRW 249,200, KRW 117,239,200, KRW 66,892,800, KRW 200, KRW 117,200, KRW 66,892,80,00, KRW 13 parcels of land (hereinafter “H-dong Land Auction Case”) on the date of sale (hereinafter “H-dong Land Auction Case”), and received the sale deposit of goods (F) from 369,107, KRW 201, KRW 14,205, the sale price was revoked on October 2, 2015.

B. On August 10, 201, the Plaintiff issued a promissory note with a face value of KRW 250,000,000,000, which directly lent to C as a loan claim of KRW 210,000,000 to C and the amount of claim equivalent to KRW 40,000,000,00, which the Plaintiff directly lent to C, and on the same day, C issued by a notary public who accepts compulsory execution with respect to the above promissory note debt amount, and thereby C was issued an executory exemplification of the notarial deed in the case of No. 399, 201.

In addition, on September 23, 2011, the Plaintiff received a collection order for the claim to return the bid deposit of this case from C on September 23, 2011, as Seoul Central District Court 201TTTTT 36880.

C. Meanwhile, the Defendant was issued a promissory note with the face value of one billion won at the face value, the issue date May 7, 2012, and the due date October 30, 2012, and the issuer C and the Defendant as the Defendant (hereinafter “instant promissory note”).

around March 2014, the Defendant filed a lawsuit against C with Seoul Western District Court 2014Kadan11461 (Seoul Western District Court 2014da11461), and on September 19, 2014, “C” against the Defendant and its delay damages.

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