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(영문) 수원지방법원 2019.08.22 2018가합896
배당이의
Text

1. A distribution schedule prepared on April 5, 2018 by the same court with respect to the Suwon District Court D or E (Dual) auction cases of real estate.

Reasons

1. As to the principal lawsuit

(a) 1) Six investors, including the Plaintiff (F, G, H, I, J, hereinafter referred to as “investors”);

(A) On November 2015, K, the actual representative of the Defendant, and K, the actual representative of the Plaintiffs, shall be the wife population L and M forest land (hereinafter “instant real estate”).

(2) In order to establish the right to collateral security as to the right to collateral security, an investment agreement between the Defendant and K shall be made within the limit of KRW 340 million on the part of the Plaintiff, and the Defendant and K shall pay 1.5% of the amount of the investment balance to the Plaintiff and the investors as profits on the 17th day of each month, and the right to pledge on the right to collateral security (hereinafter “instant investment agreement”).

The actual investment agreement was drawn up as of December 17, 2015.

(2) On April 14, 2015, to December 28, 2015, the Plaintiff and investors paid KRW 350 million in total to K as investment money under the instant investment agreement.

3) On November 23, 2015, the Defendant completed the registration for creation of a collateral security (order 2) with the maximum debt amount of KRW 600 million, the obligor N, and the mortgagee as the Defendant on the instant real estate by the Suwon District Court Registry received on November 23, 2015. On the same day, in order to secure the repayment of the principal and interest pursuant to the instant investment agreement to the Plaintiff, the said registry office received the said amount of claim of KRW 392 million, the obligor K, and the Plaintiff as the Plaintiff (hereinafter “instant collateral security right”).

(4) On March 2017, the Defendant filed an application for auction of this case with the Suwon District Court (U.S. District Court D).

On March 15, 2017, the above court rendered a ruling to commence auction on the instant real estate, and notified the Plaintiff, a pledgee of the instant mortgage, to report his claim.

5. However, K, without the Plaintiff’s consent or the repayment of principal and interest under the said investment agreement, shall cancel the registration of the instant right to collateral security.

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