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(영문) 춘천지방법원 영월지원 2018.06.27 2017가단12580
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B’s credit and mortgage creation 1) Defendant B lent KRW 50,000,00 to G. On November 27, 2012, Defendant B drafted a loan certificate with the effect that Defendant B would repay KRW 80,000,000 to Defendant B until April 27, 2013. (2) Defendant B completed the registration of the establishment of a mortgage with respect to each real estate listed in the separate sheet owned by G (hereinafter “instant real estate”) with the maximum debt amount as the secured credit on November 27, 2012.

(hereinafter “instant collateral security”). B.

On September 30, 2013, G made a debt confirmation confirming that Defendant C has the obligation to pay KRW 500,000,000 and delay damages therefor. 2) Defendant C filed an application for provisional seizure of real estate in relation to the instant real estate with the right to preserve the said loan claim (Ycheon District Court Youngcheon District Court Young Branch Branch Decision 2013Kahap144), and on October 21, 2013, the registration of provisional seizure of real estate was completed with respect to the instant real estate.

3) Defendant C filed a lawsuit against G for a loan claim (Ycheon District Court Youngcheon District Court Youngcheon Branch 2013Gahap937), and in the said litigation proceeding on January 15, 2014, G paid to Defendant C the amount calculated at the rate of 18% per annum from April 16, 2013 to June 30, 2014, and the amount calculated at the rate of 18% per annum from April 16, 2013 to June 30, 2014, and the adjustment was established to pay it in two installments by June 30, 2014. (c) Defendant B applied for a voluntary auction on the instant real estate based on the instant collateral security and received a voluntary auction decision on July 19, 2013.

(Sacheon District Court Youngcheon Branch E., Ltd. I. (hereinafter “I”) also on August 26, 2013, the real estate listed in the table Nos. 1, 2, 3, and 4 of the attached Table Nos. 1, 2, 3, and 4 of the Gangwon-gu Seoul Special Metropolitan City and the KS 4,932 square meters.

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