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(영문) 의정부지방법원고양지원 2016.07.15 2015가단37026
양수금
Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from January 7, 2016 to July 15, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On January 20, 1998, the Defendant granted a loan to the Intervenor’s Intervenor and the establishment of the right to collateral security (hereinafter “the right to collateral security”) to the Intervenor. On April 19, 2006, the Defendant lent KRW 60,000 to the Intervenor’s Intervenor on the loan claim, and the establishment of the right to collateral security (hereinafter “the right to collateral security”) was completed on April 19, 2006 with regard to the Defendant’s share in the Intervenor’s land D, E, and F as the right to collateral security (hereinafter “the right to collateral security”) registered as the Defendant’s right to collateral security (the right to collateral security was established). Accordingly, the registration of establishment of the right to collateral security under the name of the Defendant was completed.

B. The Defendant partially repaid the loan, and filed an application for auction with the right to collateral security established on the real estate owned by the Intervenor, as the Intervenor did not repay the loan debt.

On November 2, 2007, the Intervenor paid 40,000,000 won to the Defendant in preference to the Defendant, and the remainder of 20,000,000 won to the Defendant by December 31, 2007. The Intervenor borrowed money from Nonparty G, who is a part of the case, and paid 40,000,000 won to the Defendant by borrowing money from Nonparty G.

Accordingly, the defendant withdrawn the above request for auction.

C. On July 12, 2010, after receiving the progress and dividend of the auction procedure and on the real estate owned by the supplementary intervenor, the right to collateral security was established by H, who is a son of G, on the real estate owned by the supplementary intervenor, and Nonparty I was transferred on October 4, 201. Upon the above I’s request, the auction procedure for the real estate was initiated by J, which was the High Court of the Government as to the said real estate, and the Defendant received dividends of KRW 60,000,000 from April 17, 2012.

(hereinafter “instant dividends”). D.

On November 30, 2015, the Intervenor transferred the claim for reimbursement of KRW 40,000,000, out of the dividend that the Defendant received to the Plaintiff, and around December 15, 2015, the Defendant.

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