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(영문) 서울서부지방법원 2017.09.13 2016가단207754
배당이의
Text

1. The defendant among the distribution schedule prepared on February 26, 2016 by the Seoul Western District Court C with respect to the distribution procedure case.

Reasons

1. Facts of recognition;

A. E, while acquiring Kin's house in Mapo-gu Seoul Metropolitan Government F (hereinafter "the instant store") and paying KRW 50,000,000,000 out of the acquisition fund, through the Plaintiff, through the Plaintiff, borrowed from the Plaintiff’s Lan G, and changed the trade name of the said store into “H” on February 21, 2014, and operated the business registration under the Plaintiff’s name.

B. On October 22, 2015, E borrowed KRW 12 million from the Defendant to raise funds for the operation of the instant store (hereinafter “the instant loan”). In order to secure the performance of the said loan, E and E agreed to transfer the ownership of various collection devices, such as cooling and gas, located in the instant store, and equipment to the Defendant by means of possession and alteration of ownership (hereinafter “instant transfer security agreement”). During the process, E and the Defendant delegated the preparation of a notarial deed on the instant loan and transfer security agreement to I who is the Defendant’s seat, and E, in which process, E and the Plaintiff signed a letter of delegation (hereinafter “the instant letter of delegation”) under the Plaintiff’s name and the Plaintiff’s seal imprint attached thereto and issued it to I.

C. On October 30, 2015, upon the letter of delegation of this case, I entrusted a notary public with the preparation of a notarial deed concerning a loan contract for consumption of money transferred for security (hereinafter “notarial deed of this case”) on behalf of both E and the Defendant under the J-Law Office No. 1279, and “The notarial deed of this case, which was the Plaintiff, the joint guarantor, E, and the Defendant, was drafted on November 10, 2015.”

In the notarial deed of this case, the letter of delegation of this case, the list of movable property transfer security on which the Plaintiff’s seal imprints, and the Plaintiff’s certificate of personal seal impression are attached.

The defendant, with the title of execution of the notarial deed of this case, seizes claims against the plaintiff's non-sover-line Co., Ltd. and seizes claims against the plaintiff's non-sover-line Co., Ltd.

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