logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2018.09.20 2018가단1922
배당이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. K owned the two-story housing of cement brick structure slick slick slick slick slick slick slick slick (hereinafter “instant housing”) at the time of the Plaintiff’s fraud.

B. The Plaintiff’s grandchildren transferred KRW 26 million to K on May 27, 2013, and KRW 1.5 million on July 4, 2013. From June 26, 2013 to March 24, 2017, M transferred KRW 250,000 per month.

C. K transferred KRW 10 million to K on May 7, 2014, respectively, to theO that leased part of the first floor of the instant housing, and KRW 10 million on June 10, 2014.

On January 31, 2015, the Plaintiff remitted KRW 3 million to N N’s wife P, and transferred KRW 45 million in total to NN or Q from May 22, 2015 to May 31, 2015.

E. On July 1, 2016, the Plaintiff and K drafted a lease agreement (a certificate No. 1; hereinafter “instant lease agreement”) entered into between July 1, 2016 and 24 months from July 1, 2016 with respect to the whole first floor of the instant housing, and obtained the fixed date of the said lease agreement on December 5, 2016.

F. On July 13, 2016, the Plaintiff completed a move-in report to the domicile of the instant house.

G. On September 2, 2016, K created, with respect to the instant housing, the establishment registration of a neighboring mortgage of KRW 28 billion with the maximum debt amount, KRW 30 million with the Defendant C on December 12, 2016, the establishment registration of a neighboring mortgage of KRW 30 million with the maximum debt amount, and the establishment registration of a neighboring mortgage of KRW 10 million with the Defendant D on February 9, 2017, respectively.

H. Defendant G Co., Ltd (hereinafter “Defendant G”) applied for a compulsory auction on the instant house, and on April 17, 2017, the Changwon District Court J rendered a decision to commence compulsory auction.

(i) Jinwon District Court’s Jinwon Branch’s Branch: (a) KRW 184,902,58 to the Mutual Association of the first-class collective security holders; (b) KRW 30 million to the Defendant of the second-class collective security holders; (c) KRW 10 million to the Defendant of the third-class collective security holders; and (d) the Defendant of the third-class collective security holders; and (c) KRW 4,000 to the fourth-class collective security holders.

arrow