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1. Of the instant lawsuit, the part of the claim seeking rectification of the dividend amount against the Defendant exceeding KRW 46,018,565.
Reasons
1. Facts of recognition;
A. On September 11, 2006, Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”) loaned 600 million won to C on September 18, 2007 at the due date set at 19% (19%) interest rate for delay delay.
(hereinafter “instant loans”). (b)
On September 15, 2006, the foreign exchange bank concluded a mortgage contract with regard to the land of 4,793 square meters, E, 2,108 square meters, 287 square meters prior to F, G 4,757 square meters, 5,284 square meters of forest and fields, with regard to land of 4,793 square meters prior to E, 2,108 square meters prior to E, G 4,757 square meters, and H 5,284 square meters as “general collateral”, “780,000,000 won”, and completed the registration of the establishment of mortgage
(hereinafter “instant collateral security”). C.
On April 29, 2008, the foreign exchange bank applied for a voluntary auction of real estate amounting to KRW 780,000,000 with the amount claimed as Suwon District Court I for the above real estate.
On the other hand, on November 6, 2002, J entered into a contract to purchase a specific part of the land D, E, F, and H, and thereafter filed a lawsuit to request ownership transfer registration with Suwon District Court Decision 2006Gadan13881. On May 2, 2008, "C shall pay J KRW 50,000,000 to J until July 30, 2008, and to secure this, it shall implement the registration procedure for the establishment of a mortgage on the four parcels of land owned by Leecheon-si and 6, a stock company, and the land owned by Daeung wheel Wheel, the maximum debt amount of KRW 60,00,00.
C If C does not pay the above money, C shall implement the procedure for ownership transfer registration on November 6, 2002 with respect to the specific parts of E, E, F, and H forests in E, E, H.
J shall be liable and reimbursed KRW 100 million out of the collateral security obligations to the foreign exchange banks related to H land in lieu of the payment of the purchase price for a specific part of the forests and fields E, E, F, and H.
‘' has been concluded the adjustment of the contents.
The J completed on May 26, 2008 the registration of the establishment of a mortgage on the H land of Leecheon-si, the maximum debt amount of which is 60 million won.
E. On July 21, 2008, the Plaintiff and Gama Construction Co., Ltd.