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(영문) 대구지방법원포항지원 2014.09.25 2013가단9954
배당이의
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 18, 1997, E granted 113,00,000 won of the compensation for death of the same child to E or F, and requested E to purchase the land. F, upon request for purchase of the land to a licensed real estate agent office run by the husband G (K before the opening name) of E, G and C paid the said money. On November 18, 1997, G and C purchased the above amount of 1498 square meters of the I reply 1498 square meters in the Northern-gu, Northern-gu, Dong-gu, and completed the registration of ownership transfer under the name of E on November 20, 197, and completed the registration of ownership transfer under the name of C, with the knowledge of the above fact, prepared a loan certificate of 113,000,000 won of principal to F.

B. C on August 1, 2008, sold the above land to J in KRW 167,00,000, but it did not pay the sale price to F or E, and upon knowing this fact, C on April 8, 2009, upon which F was aware of this fact, C as the creditor, and C on July 30, 201, prepared a certificate of confirmation that C would pay the principal amount of KRW 99,000,000 as the principal amount of KRW 31,00,000 as the due date and the principal amount of KRW 30,00,000 as the principal amount of KRW 1,30,000 as the interest thereon, and G prepared a confirmation statement that it would pay KRW 1,30,000 as the 30th day of each month.

C. Since then, G did not pay the above interest, C did not pay the said interest with the lapse of the repayment period, and C did not pay the said interest, and upon protesting against it by F, C completed the registration of creation of a neighboring mortgage with respect to the land for K farm in North-gu, Northern-gu, Seoul (hereinafter “instant land”) on September 9, 201 with respect to the ownership of the said land, the maximum amount of debt amount of KRW 99,00,000,000, and the right to collateral security (hereinafter “instant land”).

However, C had previously completed the registration of creation of a mortgage over the same maximum debt amount as 30,000,000 won on October 24, 2006 on the ground of the contract to establish a contract on October 23, 2006 with respect to the land of this case, and on August 12, 2011, the registration of creation of a mortgage over the same maximum debt amount as 70,000,000 on the ground of the contract.

E. Preliminary property (1) of C as of August 12, 201: Total amounting to KRW 252,852,600, (1) 1,485 square meters in North-gu K farm site and above ground production, other than 1-1 block tanks, 258.5 square meters in North-gu Lane and 258.5 square meters in total, and 258.5 square meters in light of the block position panel in North-gu Lane at port.

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