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(영문) 서울동부지방법원 2014.12.19 2014가합9302
배당이의
Text

1. The action against the principal plaintiff A shall be dismissed;

2. The plaintiff's claim filed by the preliminary agricultural cooperative is dismissed.

3...

Reasons

1. The following facts are not disputed between the parties, or can be acknowledged in full view of the whole purport of the arguments in Gap evidence Nos. 1, 2, 4 through 7, and 11.

Defendant and D were legal couples who reported marriage on August 25, 1980.

B. On September 16, 201, the Plaintiff Union lent KRW 1.520 million to D on September 16, 201, and the due date for payment shall be paid on September 16, 201, and the interest shall be paid on September 16, 2014, and the due date shall be lost if the payment is delayed for at least two months, and the interest rate shall be determined at an interest rate obtained by deducting 0.8% points from the base rate for change under Article 3(2)1 of the Terms and Conditions for Credit Transactions, and at an interest rate of 17.5% per annum (hereinafter “instant loan”).

C. E filed an application for provisional seizure of real estate with respect to the real estate listed in the separate sheet of attached real estate (hereinafter “the apartment of this case”), which is owned by D, with the Suwon District Court. On June 4, 2012, Suwon District Court rendered a provisional seizure order with the claimed amount of KRW 350 million in the case of the application for provisional seizure of real estate on June 4, 2012, and the above provisional seizure registration was completed.

D On October 5, 2012, the Defendant entered into a contract to establish the right to collateral security (hereinafter “instant right to collateral security”) on the instant apartment with the Defendant, and on the same day, the Defendant completed the registration of the establishment of the right to collateral security (hereinafter “instant apartment”) on the instant apartment with the maximum debt amount of KRW 500 million, the debtor D, and the mortgagee.

E. On November 6, 2012, the Defendant and D confirmed the intention of divorce in the case of applying for the confirmation of intention of divorce between the Seoul East Eastern District Court 2012No. 3159, and reported the divorce on November 13, 201.

F. The Plaintiff Union filed an application for provisional seizure of real estate with the Seoul Eastern District Court regarding the instant apartment as the preserved right, and the Seoul Eastern District Court applied for provisional seizure of real estate against the instant apartment on April 24, 2013. The Seoul Eastern District Court limited the claimed amount to KRW 500 million in the case of the application for provisional seizure of real estate on April 24, 2013.

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