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(영문) 광주고등법원 2017.02.10 2016나11768
배당이의
Text

1. Of the judgment of the first instance court, the part against the plaintiffs is modified as follows. A.

Gwangju District Court Netcheon B, C.

Reasons

1. Basic facts

A. 1) The plaintiffs are the plaintiffs' status 1) The Large Industrial Development Co., Ltd. (hereinafter "Large Industrial Development").

2) The Plaintiff, including the Plaintiff, filed an application for provisional seizure of each of the real estate in the KaB-gun AB-gun AB-gun AB-owned apartment that was newly built and sold by the Plaintiff (hereinafter “Plaintiffs”) on the ground that the sales contract for the above AB-owned apartment was fully paid the sales price and obtained unjust enrichment equivalent to the insufficient area, even though the actual area for exclusive use was smaller than the area for exclusive use under the sales contract for the above AB-owned apartment, the Plaintiff filed an application for provisional seizure of each of the real estate in the 2013Kadan 2143, 2145, 2146, 2013Kadan 261, 237, 2014Kadan 174, 253,171.

B. On December 16, 2013, Gwangju District Court rendered a deposit for release from the sea in order to revoke the execution of the decision of each of the above provisional seizure by the buyers including the plaintiffs (hereinafter referred to as "each of the instant deposits") with the heading 370 on February 13, 2014 as the heading 2014, No. 384, 408 on February 17, 2014, in order to revoke the execution of the decision of each of the above provisional seizure by the buyers including the plaintiffs.

C. On April 9, 2013, the Defendant’s development of the modern industry (i) a monetary loan agreement No. 1,400,000,000, a notary public borrowed KRW 1,400,000 from the Defendant on April 9, 2013 under the deed No. 480 prepared in the ADhap Law Office 2013 (hereinafter “notarial deed of this case”).

(2) On August 22, 2014, based on the instant notarial deed, the Defendant drafted and proposed a collection order as to the amount until it reaches the amount of KRW 1,584,109,589, out of the claim for recovery of deposits for each of the instant maritime deposits for the modern industrial development (= Principal KRW 1,400,000,000, KRW 184,109,589).

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