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Reasons
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(영문) 대전고등법원 2017.10.31 2017나12903
배당이의
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1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Facts of recognition;

A. On March 28, 2002, J Co., Ltd and K’s claim for damages, E is based on the land of 11 square meters, including F. 694 square meters, from the bankruptcy trustee of Chungcheong Bank Co., Ltd. on March 28, 2002 (hereinafter “U”).

(1) On October 7, 2002, after purchase, the Young Co., Ltd. (hereinafter referred to as “ Young Co., Ltd.”) was purchased.

(C) On January 20, 2003, G (H, I, and E) on January 20, 2003 (H, I, and E are its hinterland investors) on the ground that the transfer of U’s status was transferred, but only payment of the down payment and the first intermediate payment is not made.

2) On April 9, 2003, J Co., Ltd. (hereinafter “J”) and its representative director agreed to jointly conduct a new apartment construction project in U with G, and paid 50 million won and 1.4 billion won to G as one of E, and paid 30,405,320 won as aggregate land tax imposed on the Savings Bank plus 297,310,686 won and U, respectively.

3) However, in accordance with the above contract for the transfer of buyer status, he filed a lawsuit for the claim of U ownership transfer registration against E and won in the appellate court on January 30, 2004 ( Daejeon High Court 2003Na5373). A savings bank applied for voluntary auction against U.S. around that time. The savings bank applied for voluntary auction against E around April 2004.

(4) Upon the final judgment of the above appellate court rendered on July 8, 2004, J and K filed a lawsuit seeking damages against G, H, I, and E as Daejeon District Court Decision 2006Gahap6359, which decided on July 8, 2004.

B. Establishment of the instant right to collateral security and establishment of the instant conciliation: KRW 340 million

1. The borrower shall pay 80 million won to K by October 31, 2008 and shall pay 260 million won to J and C by December 20, 2008.

2. The borrower shall pay the above amounts.

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