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(영문) 서울중앙지방법원 2018.05.30 2017가합32881
배당이의 소
Text

1. Of the distribution schedule prepared on August 25, 2017 by the above court with respect to D's auction of real estate in Seoul Central District Court D's case.

Reasons

1. Basic facts

A. The relationship between the plaintiff and the defendants 1) The plaintiff borrowed KRW 100,000,000 from E on February 12, 2008, and entered into a mortgage contract with a maximum debt amount of KRW 150,000 as to each real estate listed in the separate sheet owned by the plaintiff (hereinafter "each real estate of this case"), and completed the registration of creation of a mortgage to E on the same day.

(B) On May 19, 2010, the Plaintiff borrowed KRW 90,00,000 from Defendant B, a credit service provider, at the interest rate of 36% per annum, 49% per annum, 49% per annum, due date for payment, August 18, 2010 in order to repay the above loan obligations to E. The Plaintiff acquired the instant right to collateral security and its secured claim from E on May 19, 2010, and completed additional registration of the transfer of the instant right to collateral security and its secured claim on August 20, 2010 (hereinafter “the instant loan”).

(C) On January 13, 2012, the Plaintiff filed a lawsuit against Defendant B seeking the cancellation of the registration of the establishment of the instant mortgage and the additional registration of the transfer of the right to collateral security. Defendant B filed a counterclaim and a counterclaim seeking the return of the instant loan against the Plaintiff.

[Seoul Central District Court 2012Ga12106 (principal lawsuit), 2012Gadan94085 (Counterclaim), 2012Gadan273512 (Counterclaim)] The court of first instance rejected the Plaintiff’s principal claim and accepted part of Defendant B’s counterclaim, and held that the remainder of the secured debt amount of the instant right to collateral security was KRW 80,936,162 as of January 11, 2012. The appellate court also held to the same effect as of February 19, 2014 [Seoul Central District Court 2013Na19358 (principal lawsuit), but the Supreme Court 2013Na19365 (Counterclaim), 2013Na19372 (Counterclaim)] the Plaintiff’s appeal on part of March 13, 2014.

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