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(영문) 대구지방법원서부지원 2017.09.22 2017가합50434
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 13, 2015, Plaintiff A and Plaintiff B respectively lent KRW 100 million to the Defendant, and Plaintiff B lent KRW 60 million to the Defendant.

C. On March 16, 2015, on December 30, 2015, the due date for repayment was 20% per annum, and the interest rate for delay was 13,500,000 won in order of the Plaintiff A and B in order, and 80,000 won as the leased principal.

B. On March 20, 2015, C entered into a contract for construction works with Boi comprehensive Construction Co., Ltd., Ltd., with the content that the land (hereinafter “instant land”) on nine parcels outside Daegu-gu E, E, G, H, H, I, J, K, L, M, M, and N (hereinafter “instant land”) was newly built at KRW 2,00,000,000 in construction cost.

Since then, C borrowed KRW 2.8 billion from the Defendant on June 11, 2015 to raise the construction cost. According to a credit transaction agreement, C agreed to provide the buildings and other facilities installed by the credit extended under this agreement as collateral.

(Article 8). C entered into a security trust agreement on the instant land with K non-Real Estate Trust Co., Ltd. on the same day. According to the said security trust agreement, the first priority beneficiary (amounting to KRW 3.64 billion) is the defendant, and C agreed to additionally trust the building to be newly built on the instant land as soon as completion thereof.

(Article 8 of the Special Clause on Security Trust Contract). C performed the construction of the instant loan by using the funds borrowed from the Defendant, and completed the construction of the instant loan around October 31, 2015.

C. C’s creditorO applied for a compulsory auction against the instant loan, which is unregistered, for a state of non-registration, and the decision to commence compulsory auction was rendered on February 1, 2016 by the Seo-gu District Court Branch D. On February 1, 2016, upon entrustment of the registration of the decision to commence the compulsory auction, C’s registration of preservation of ownership was made on February 2, 2016.

C on February 5, 2016, the maximum amount of debt 3.64 billion won on the ground of the same day contract as to the loan of this case to the Defendant.

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