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(영문) 수원지방법원 2017.08.24 2016나75456
배당이의
Text

1.The judgment of the first instance shall be modified as follows:

The defendant and B are Suwon-si C Apartment-dong 106.

Reasons

1. Basic facts

A. B’s right relationship with respect to the instant real estate (hereinafter “instant real estate”) on March 30, 2010: (a) Suwon-si, Suwon-si, Suwon-si; (b) 106 Dong 301 (hereinafter “instant real estate”).

(2) On January 14, 2013, the registration of ownership transfer was completed with respect to the instant real estate. ① on May 7, 2013, KRW 50 million claimed by the Plaintiff, KRW 50,575,305, KRW 666 on May 15, 2013, KRW 66, KRW 9,682,82,825, and KRW 12,628 on June 20, 2013, KRW 12,620, KRW 507, KRW 68, KRW 266, KRW 263, KRW 108, KRW 208, KRW 208, KRW 208, KRW 18, KRW 208, KRW 208, KRW 18, 208, KRW 208, KRW 18, 208, KRW 28,208, KRW 18,2013.

B. (1) On June 30, 2010, the Plaintiff entered into a credit guarantee agreement with E, and B jointly and severally guaranteed obligations under the said credit guarantee agreement with the Plaintiff. (2) E extended a loan of KRW 50 million from an enterprise bank as collateral, but the Plaintiff failed to perform its obligations and subrogated for KRW 51,28,824 to the enterprise bank around May 13, 2013.

3) The Plaintiff filed an application with the Suwon District Court No. 2013 tea2959 against B, and on August 3, 2013, the Plaintiff issued a payment order stating that “B shall pay to the Plaintiff 51,479,124 won and 51,228,824 won among them, 12% per annum from May 13, 2013 to July 19, 2013, and 20% per annum from the next day to the date of full payment” (hereinafter “instant payment order”).

(C) The contract between the Defendant and B was concluded. (3) The Defendant entered into a lease agreement between the Defendant and B on June 5, 2013, with respect to the instant real estate, the lease deposit amount of KRW 30 million and the lease period.

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