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(영문) 부산지방법원 2015.06.17 2014가합17551
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and D Co., Ltd. (D Co., Ltd. is changed to E on November 1, 201, and E Co., Ltd. is changed to F Co., Ltd. on December 27, 2013; hereinafter referred to as “D Co., Ltd. and E and F Co., Ltd.”) upon the request of Nonparty Co., Ltd., a standing adviser, to lend an auction bid deposit, the Plaintiff received a loan certificate stating the following details and a certificate of the Nonparty Co., Ltd.’s corporate seal impression on October 6, 201, and remitted KRW 200 million to H bank account in the name of H. On October 6, 2011. Nonparty Co., Ltd. borrowed KRW 40 million as of October 6, 2011. Nonparty Co., Ltd. borrowed the above loan amount to be KRW 400 million on July 7, 2011, and KRW 266,36,000 square meters of each of the instant land at the time of auction.

The loan shall be used as a bid bond for auction. The loan shall be paid in full within one month after the completion inspection of each land of this case (the building to be newly built by the non-party company on the land of this case) where the non-party company did not obtain a bid for each land of this case. As a security for the loan of this case, the loan shall be paid in full within one month after the completion inspection of each land of this case (the building to be newly built by the non-party company on the land of this case). The mortgage shall be set up for each land of this case, with the second priority mortgage, and with the amount of the secured debt as to the parking lot building located in Ulsan-si, Ulsan-si, Ulsan-si, Seoul Special Metropolitan City, respectively. The Changho Corporation for all projects to be implemented in the d Forest Construction (State) will execute the auction on the first hand.

3. When the Plaintiff applied for provisional seizure of the right to claim the registration of real estate ownership transfer by the Daegu District Court 2013Kadan5430 to secure the above loan loan claim and the provisional seizure was executed, the non-party company was above September 12, 2013.

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