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(영문) 창원지방법원진주지원 2020.05.12 2019가합12278
전부금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The facts below the basic facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap's 1 to 8 and Eul's 1 to 4 (including where there are various numbers).

On July 4, 2013, the Plaintiff assumed office as a director of the intra-company company D (hereinafter “non-party company”). On October 30, 2013, the Plaintiff, the representative of the non-party company, prepared a monetary lending confirmation statement with the Defendant C stating “1.5 billion won and overdue interest rate of 30% per annum.” On October 30, 2013, regarding “Seoul-do Gyeongcheon-si E and F” which was owned by the non-party company, on October 31, 2013, the provisional registration right registration was completed on October 31, 2013 with the right to claim a transfer of ownership against the Defendant C. On April 29, 2013, the maximum debt amount was 286,000,000 won, the debtor, the non-party company, and the non-party company as the non-party company, and the non-party company as the non-party company, changed the registration of the establishment of a mortgage to KRW 420,0000.

B. On February 3, 2016, the Plaintiff resigned from the inside director of the non-party company, and on the same day G was appointed as the inside director of the non-party company.

C. On April 7, 2016, Defendant C applied for a payment order against Nonparty C claiming the payment amount of KRW 1.5 billion and the amount equivalent to 30% per annum from February 1, 2014 to the date of complete payment. The payment order ordering the payment of the above amount was issued on April 18, 2016. The above payment order became final and conclusive around that time.

(Loan Cases) Changwon District Court 2016 tea187. D.

On July 5, 2016, Defendant C applied for a compulsory auction on the real estate of the non-party company upon the above finalized payment order on July 5, 2016, and the decision to commence auction was made on July 6, 2016.

(H Real Estate Auction Case with Changwon District Court Jinwon District Court Jinwon Branch). In the above auction procedure on July 24, 2017, Defendant B, a third-class mortgagee, is the first-class defendant B, the third-class mortgagee, and the fourth-class defendant as a provisional registration holder.

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