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(영문) 대전지방법원 2018.05.11 2017가단209591
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 25, 2013, the farmland E 18,12 square meters in Sejong Special Self-Governing City before subdivision was divided into four parcels, such as the E Forest land 4,463 square meters, F Forest land 4,463 square meters, G forest 4,463 square meters, H forest 4,723 square meters, and H forest 4,723 square meters in its name on August 20, 2013.

(hereinafter referred to as "real estate number" shall be abbreviationd only by the lot number.

I and her husband J received from K the amount of KRW 10 million on December 29, 2008, KRW 50 million on August 4, 2011, KRW 414 billion on August 6, 2013, KRW 35,939,500 on August 20, 2013, KRW 35,939,00 on September 3, 2013, and KRW 6550,000 on September 20, 2013, KRW 650,000 on loan, interest KRW 20,000,000 on loan, and the borrowing period by August 20, 2014.

(hereinafter referred to as the "debted loan of this case")

I created, on October 15, 2013, K with respect to the said four parcels of forest land, a senior joint collateral (hereinafter “mortgage”) with the maximum debt amount of KRW 800 million, the debtor I as the debtor I, and on December 30, 2013, set up a subordinate collateral mortgage with the debtor I as the maximum debt amount of KRW 510 million, and the debtor I as the debtor I.

On March 27, 2015, the F Forest among the four parcels of the forest land above, was transferred to M who is the husband of Defendant B on March 27, 2015, and K and L had cancelled each of the above collateral security.

(K) appears to have been unable to receive the instant loan from the said proceeds of sale. The Plaintiff’s preparatory brief dated March 21, 2018 is e.g. (2 pages).

In order to purchase the above E, G, and H forest (hereinafter “E”) from around April 1, 2015, K sold the land to K with a lower amount of KRW 500 million, and then promised to repay the above collateral to K as the top priority after selling the land, and on April 14, 2015, “I” as the collateral holder of the E, G, and H’s mortgage (the highest amount of KRW 800 million) is to sell and purchase the land.

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