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(영문) 수원지방법원 2018.08.28 2018나51430
배당이의
Text

1. Revocation of the first instance judgment.

2. On October 26, 2016, with respect to the distribution case A by the Suwon District Court Ansan Branch A

Reasons

1. Basic facts

A. On November 10, 2015, the Defendant made a notarial deed of the Defendant: (a) lent KRW 507,173,659 to Dan case Co., Ltd. (hereinafter “Dan case”); and (b) drafted a notarial deed of money loan agreement on security for transfer (Article 2015 and subparagraph 638 of the Samwon Deed, a notary public, as a security for the said loan, as a security for the movable property specified in paragraph (1) of the attached Table (hereinafter “first movable property”).

In addition, on November 10, 2015, the Defendant lent KRW 100 million to Dog case, and prepared a notarial deed under a loan agreement for money consumption (No. 208, 2015, hereinafter “No. 2 No. 208, hereinafter referred to as “No. 2 notarial deed”) in which a notary public created a security for transfer on the movable property listed in attached Table No. 2 in attached Table No. 2 (hereinafter “No. 2 notarial deed”) as security for the said loan.

B. 1) On May 12, 2016, based on the notarial deed No. 1, the Defendant was issued a seizure and collection order for each of the claims against Suwon District Court’s Ansan District Court’s Ansan Branch’s 2016TTTTT 5499, May 18, 2016, under the Suwon District Court’s Ansan Branch’s 2016TT 5389, May 23, 2016, the Suwon District Court’s Ansan Branch’s 2016TT 6024, and the Defendant received the seizure and collection order for each of the above claims against Suwon District Court’s Suwon District Court’s Suwon District Court’s 2016TTT 6024, May 23, 2016, and around that time, each of the above claims seizure and collection order became final and conclusive. 2) The Plaintiff received the seizure order from Suwon District Court’s Suwon District Court’s Suwon Branch Branch’s 2016TTTTTK 1425216, respectively, and 142516325.

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