logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원정읍지원 2015.05.13 2014가합395
청구이의
Text

1. The instant lawsuit shall be dismissed.

2. On June 16, 2014, this Court shall apply to cases where compulsory execution is requested to be suspended by this Court.

Reasons

1. Basic facts

A. A. D’s loan agreement and joint and several sureties agreement that had been engaged in credit business 1) B’s loan agreement between E and E on August 14, 2008 (payment on August 14) with the interest rate of KRW 100 million and the loan agreement between E on November 14, 2008 (hereinafter “the loan agreement of this case”).

(E) each of the real estates listed in the separate sheet of real estate owned by E (hereinafter referred to as “each of the instant real estates”) in order to secure the loan claims on the same day.

(1) As to the right to collateral security, etc. (hereinafter “instant right to collateral security”) that constitutes a maximum debt amount of KRW 160 million, which was received on August 14, 2008 from the Jeonju District Court, No. 22668, the Jeonju District Court rendered full assistance

(2) At the time of entering into the loan agreement for consumption, the Plaintiff, a father’s ancillary, jointly and severally guaranteed the obligation to borrow the loan to E.

B. D and E’s death on October 31, 2012, and the Plaintiff and the Appointed F, who are co-inheritors of E due to inheritance, completed the registration of ownership transfer in accordance with the ratio of 2/21, each of the inheritance shares, to the instant real estate on December 13, 2012. 2)D died on June 29, 2013. The Defendant, who is the heir of D, agreed with other co-inheritors on the division of inherited property with the content that the Defendant’s claim for the loan under the instant loan for consumption agreement was inherited by the Defendant, and completed the additional registration as to the transfer of the instant real estate on October 2, 2013 due to the inheritance by agreement division.

C. On April 11, 2014, the Defendant filed an application for the auction of real estate under the instant right to collateral security (hereinafter “instant auction”), and the instant court rendered a decision to commence the auction of real estate (hereinafter “instant auction”) with respect to each of the instant real estate on April 11, 2014.

[Ground of recognition] Facts without dispute, Eul evidence Nos. 1, 2, 6, 8, 9 (including each number), the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. Of the instant lawsuit, the part on the claim of the Appointor F.

arrow