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(영문) 서울동부지방법원 2016.11.17 2014가합107541
배당이의
Text

1. Plaintiff of the distribution schedule prepared by the said court on August 26, 2014 with respect to the distribution procedure case in Seoul Eastern District Court C.

Reasons

1. Facts of recognition;

A. The Defendant’s loan, etc. 1) The NAsp Co., Ltd. (hereinafter “the NAsp”) is the Defendant.

On April 5, 2007, the following terms and conditions of a loan and business agreement (hereinafter “instant loan agreement”) are as follows:

After entering into a contract with the non-party company, each of the loans of KRW 2 billion on April 6, 2007, KRW 2 billion on November 19, 2007, and KRW 3 billion on December 4, 2007 to the non-party company. The parties described below are the following projects for the construction of the non-party-owned apartment (hereinafter referred to as the "the project in this case"). The non-party-invested project for the construction of the non-party-owned apartment (hereinafter referred to as the "the project in this case").

(1) The borrower is bound to enter into a loan and business agreement on a mutually equal basis as follows, and to perform his contractual obligations in good faith with the borrower. The lender is to grant a loan to the borrower up to twenty-seven billion won (27 billion won) to carry out the Project in this case. ① The borrower is to grant a loan to the borrower up to the limit of twenty-seven billion won (27 billion won in trust of the project site, etc.) ① The first beneficiary (However, the limit of the first beneficiary interest shall be 130% of the amount of the loan agreement) with respect to all real estate owned by the Rotten Industrial Co., Ltd. in the project site until the date the loan is performed.

(1) The Real Estate Trust Co., Ltd. shall enter into a real estate trust agreement with the Land Trust Co., Ltd. on the terms of the real estate trust agreement and implement the procedures for the registration of ownership transfer on the ground of trust to the Land Trust Co., Ltd. on the site of the project owned by the Rotten Industry Co., Ltd., and the Korea Land Trust Co., Ltd. shall require the lender to deliver a certificate of first priority interest to the lender. Article 3-3 (Final Revenue) ① The borrower shall pay, apart from interest, KRW 1.5 billion on December 20, 2007 and KRW 2 billion on December 20, 2008 as final profit.

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