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(영문) 광주지방법원 순천지원 2017.01.19 2015가합1148
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. On March 22, 2013, the Plaintiff and D entered into a mortgage agreement with the Defendant Cooperative with respect to each of the real estate listed in the separate sheet, and on the same day, the Plaintiff and D completed the registration of creation of a mortgage (hereinafter “mortgage 1”) with the Defendant Cooperative as the receipt of the Incheon Branch of the Busan District Court No. 6438, which covers KRW 1.320,000,000 of the maximum debt amount.

The Defendant Union offered to the Plaintiff a loan of KRW 250 million on March 22, 2013, KRW 150 million on April 17, 2013, and KRW 150 million on April 2013.

On June 4, 2013, the plaintiff and D entered into a contract for the alteration of the right to collateral security with the defendant union, and on the same day, the registration of the establishment of the right to collateral security was completed by changing the maximum debt amount of No. 1 to KRW 520,000,000 from No. 13612, which was received by the Socheon Branch of the Gwangju District Court

B. On June 21, 2013, the Plaintiff entered into an investment project implementation agreement with B to invest KRW 400 million in the E development project promoted by the Plaintiff (hereinafter “instant project”) and to pay 20% (20% interest per annum) in addition to the delayed payment period.

On June 26, 2013, the Plaintiff completed the registration of creation of a collateral security right of KRW 600,000 (hereinafter “second collateral security right”) with respect to each real estate listed in the attached Table as a collateral for the said investment amount, under the No. 15658, the Incheon District Court’s Macheon Branch Office, which received a registration office of 15658.

C. Meanwhile, the real estate Nos. 1 through 13 was registered in the name of the Plaintiff in the name of D, and the real estate Nos. 14 and 15 (hereinafter “instant real estate”).

Attached Form

In the auction procedure of real estate (hereinafter “instant auction procedure”) initiated by the Gwangju District Court Net Branch C or F (Dupl) upon the application of the Defendant Union, a mortgagee for each of the stated real estate, the said court shall not exceed the distribution schedule stating the following as of September 15, 2015.

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