근저당권설정등기말소등기
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
(2) On April 13, 2015, the Defendant entered into a share acquisition agreement (hereinafter “instant transfer agreement”) with the effect that “The entire amount of shares issued by D Co., Ltd. (hereinafter “instant company”) owned by C is transferred in KRW 110 million to the Defendant.”
* Until April 14, 2015, the Defendant invested KRW 190 million in the instant company in addition to the acquisition price, and C also input KRW 110 million in order to normalize the management of the instant company.
The sum of KRW 300 million shall be executed in accordance with the emergency fund execution plan attached to the contract.
(6) Paragraph 2 of Article 6)* Representative Director (C) of the Contract: The person who takes over the obligation of the Company in question, namely, the tax liability of the Company in question, the amount of KRW 319,869,751 and the amount of KRW 7,696,142, and the amount of KRW 774,405,731, as a guarantee for reimbursement by the method of deducting wages: The person who takes over the obligation to the Customer in question, shall bear the total amount of KRW 74,405,731, and the amount of the emergency funds under Paragraph 2 of Article 6 of the Contract in question, which is KRW 330,000,000,000,000 won and KRW 333,444,405,731,000,000 and the amount of the emergency funds indicated in the plan for debt settlement, which are included in the transfer contract in this case as follows.
On April 13, 2015, the Defendant paid the acquisition price of KRW 110 million according to the instant transfer contract to C.
In addition, the Defendant, separate from the above transfer proceeds, remitted KRW 190 million on April 14, 2015 to the financial account under the name of the instant company, KRW 50 million on April 20, 2015, KRW 60 million on April 30, 2015, KRW 50 million on April 30, 2015, KRW 56,247,932 on May 22, 2015, and KRW 61,50,794 on May 28, 2015, respectively.
(Total Amount of 417,748,726 won). C’s punishment on June 12, 2015, the Plaintiff, the Defendant, and the Defendant and the mortgagee, as the Defendant, on June 12, 2015, with respect to each real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff, the maximum amount of debt on June 12, 2015.