근저당권말소
1. As to each real estate listed in the attached list to the Plaintiff, the Defendant is the head of Gwangju District Court Decision 30500.
1. Facts of recognition;
A. The Plaintiff is an incorporated foundation whose purpose is to establish and maintain charnel houses.
B. The Plaintiff completed the registration of transfer of ownership on March 8, 2010 on each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) based on the donation from March 2, 2010.
[However, the real estate listed in the [Attachment 3, 5, and 8] List on May 4, 201 is divided into each real estate listed in the [Attachment 2, 4, and 7 [Attachment excluding the area] and registered in subdivisions].
According to the Plaintiff’s basic property list attached to the Plaintiff’s current articles of incorporation, each of the instant real estate (However, the portion partitioned on May 4, 201 and registered as subdivision was not reflected) is indicated as the basic property owned by the Plaintiff.
Article 8 (Management of Property) (1) When a corporation intends to sell, donate, exchange, rent, alter its basic property, offer it as security, bear obligations, or waive rights, it shall go through a resolution of at least 2/3 of the registered directors at the board of directors.
(2) The provisions concerning changes in the articles of incorporation shall apply mutatis mutandis to changes in fundamental property.
When intending to amend the articles of incorporation of a corporation under Article 31, approval from the competent authority shall be obtained through a resolution of at least two thirds of the registered directors.
On July 13, 2012, the Defendant entered into a mortgage agreement with the Plaintiff as to each of the instant real estate owned by the Plaintiff (hereinafter “mortgage agreement”), and completed the registration of establishment of a neighboring real estate as described in paragraph (1) of the disposition of the instant real estate (hereinafter “registration of establishment of a neighboring real estate”).
E. Meanwhile, at the time of permission for incorporation in October 2009, the Plaintiff submitted its articles of incorporation to the Do governor, the competent authority, in order to raise each of the instant real estate to the Plaintiff’s fundamental property, and thereafter, from the Do governor to the Do governor.