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(영문) 대전고등법원 2019.01.17 2018나14005
배당이의
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On May 18, 2005, the Plaintiff borrowed 300 million won from Defendant C with interest rate of 4 million won per annum (16% per annum, 18% per month on the payment date of interest), 2% per annum for interest (24% per annum) and 2% per annum on May 18, 2007 due date for repayment. In the event that installment payments are in arrears on more than two occasions, the Plaintiff prepared a loan certificate stating that the Plaintiff would lose the benefit of the due date and immediately repay the debt (a evidence No. 6; hereinafter “the first loan certificate”) and that the lending relationship based on the loan was “the first use” or “the first loan”).

On May 19, 2005, the following day, in order to secure the first loan obligation, the Plaintiff created a collateral security (hereinafter “first collateral security”) with respect to each real estate (hereinafter “the instant real estate”) indicated in the separate sheet No. 1, which was owned by the Plaintiff to Defendant C, with the maximum debt amount of KRW 420 million, the debtor, the debtor, and the mortgagee C.

B. Defendant C divorced from the former wife on June 26, 2007 and entered the de facto marital relationship with the Plaintiff before and after that time.

C. As of December 15, 2009, the Plaintiff, as of December 15, 2009, did not separately set the due date for repayment of KRW 400 million from Defendant C, prepared a loan certificate (the evidence No. 7; hereinafter referred to as “second-use certificate”) with the content of borrowing 2% (24% per annum) per annum, and set up a second-use loan relationship with the term “second-use loan” or “second-use loan”) with respect to the instant real property on December 16, 2009, with the view to securing the obligations under the second-use certificate, set up a second-use mortgage (hereinafter referred to as “second-class mortgage”) with the maximum debt amount of KRW 60 million, the debtor, the Plaintiff, and the Defendant C with respect to the instant real property.

On June 7, 2010, the Plaintiff completed the marriage report with Defendant C.

On June 27, 2013, Defendant C transferred the secured debt of the first priority mortgage to Defendant B, who was Cho Jong-kon, and completed additional registration of the transfer of the right to collateral security.

around August 23, 2013, Defendant B applied for a voluntary auction on the instant real estate based on the first collateral security, and around that time, the Plaintiff from Defendant C.

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