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(영문) 대전지방법원 논산지원 2018.10.04 2017가단22219
배당이의
Text

1. A distribution schedule prepared by the above court on September 22, 2017 with respect to the compulsory auction of real estate C in the Daejeon District Court Seosan Branch C.

Reasons

The key issue of the instant case: Validity of the instant repayment agreement

1. Basic facts

A. On February 27, 2013, the Plaintiff filed a lawsuit against D with the Daejeon District Court 2013Kahap171, the Plaintiff filed a lawsuit against D for the payment of construction costs. On April 16, 2014, the said court rendered a judgment that “D shall pay the Plaintiff KRW 113,838,000 and its delay damages,” and the said judgment was finalized on May 3, 2014.

B. D’s Civil Procedure 1) On January 28, 2013, the Daejeon District Court Branch Decision 2013Gahap2009, Inc., Ltd., Ltd. (hereinafter “Mecul comprehensive development”) (hereinafter “Meculous development”).

) and the Qtain Entertainment Co., Ltd. (hereinafter referred to as “Metainment”)

2) On July 7, 2014, Daejeon District Court deposited KRW 55 million with the deposited person D as of July 9, 2014. On July 9, 2014, the Daejeon High Court rendered a decision to revoke the provisional attachment on the security of the deposited person.

(3) On January 12, 2017, the appellate court of the instant case rendered a judgment (Seoul High Court 2014Na10302, May 16, 2017) that “The comprehensive development of Meci and Meci Entertainment jointly pays 63,876,210 won and damages for delay to D,” and the said judgment became final and conclusive on January 16, 2017. (C) The instant repayment contract was made between D and the Defendant and E’s husband, i.e., a notary public’s office written by the notary public F Office No. 2698, May 7, 2015, and the main contents thereof are as follows (hereinafter referred to as “the instant repayment contract”).

) Article 1 (Liability D and E are currently the Defendant on May 7, 2015).

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