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(영문) 서울고등법원 2017.03.24 2015나2068513
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. (1) S and T Co., Ltd. were in office as representative director until February 25, 2010, and thereafter U was in office as representative director, and was dissolved on December 1, 2010.

However, on June 14, 2010, T representative director of the borrowed deed corporation, which was dated June 14, 201, is written as V.

A. The evidence No. 1 of June 14, 2010 stated that the borrowing date is “A, April 20, 2010.” However, A is a damper who states the date on which the disposal document was prepared on his/her signature. Therefore, it is reasonable to deem that the date on which the above loan certificate was prepared is “A, June 14, 2010.”

Defendant B prepared a loan certificate, “1.4 billion won, and interest 0.8%, on June 18, 2010,” which is “1.4 billion won,” and at that time the Plaintiff signed as a joint and several surety.

(2) The Plaintiff’s father, the father of the Plaintiff (hereinafter “the Plaintiff”) issued to Defendant B a promissory note with a face value of KRW 1 billion and the issue date, payment date, etc. of which is a blank.

(hereinafter “instant Promissory Notes”). (b)

On June 16, 2010 between the deceased and the defendant B, the establishment registration and inheritance relation (1) of the neighboring mortgage agreement was prepared as to the first ground of Seocho-gu Seoul Metropolitan Government, the deceased, 101 through 103, 201 through 204, 301, 302, 304, 400, and 500 (hereinafter “each real estate of this case”) with a maximum claim amount of one billion won.

(2) As to each of the instant real property on June 18, 2010, according to the aforementioned mortgage contract, the registration of partial transfer of the right to collateral security (hereinafter “mortgage”) was completed by the Seoul Central District Court No. 30364, the establishment of the mortgage (hereinafter “the instant maximum debt”). On July 22, 2010, Defendant C, as Seoul Central District Court No. 36556, 520 million won, was completed.

(3) On February 2, 2012, the Deceased died, and the Plaintiff, K, and L, the wife, inherited each of the instant real estate.

(c).

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