근저당권말소등기 등 청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. On April 9, 2002, Plaintiff B operated a golf range under the trade name “D” in each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) which was owned by it, but on November 7, 2002, Plaintiff A, a corporation for the purpose of driving range business, etc. (hereinafter “Plaintiff Company”).
Plaintiff
At the time of incorporation of the company, 1,500 shares issued by the company of the plaintiff company were allocated to E, 500 shares to the plaintiff Eul, 1,500 shares to F, 2,00 shares to G, 4,500 shares to H (the representative director was deceased). The share price per share is 5,00 won.
B. On May 28, 2003, Plaintiff B completed the registration of ownership transfer for each real estate of this case on the ground of sale and purchase in the name of the Plaintiff Company.
C. On May 22, 2009, the Plaintiff Co., Ltd. concluded a mortgage agreement with the Defendant (hereinafter “mortgage agreement”) with the maximum debt amount of KRW 600,00,000 regarding each of the instant real estate, and with the Plaintiff B and the Defendant as the Defendant. On June 3, 2009, the Plaintiff Co., Ltd concluded a mortgage agreement with respect to each of the instant real estate, and completed the registration of establishment of a mortgage near the Daegu District Court Branch of the Defendant on the ground of the instant mortgage agreement as to each of the instant real estate on June 3, 2009 (hereinafter “the establishment of a mortgage of the instant case”).
H on May 25, 2009, between G, E, and I, prepared a share transfer contract (hereinafter “instant share transfer contract”) with the content that it will transfer 2,500 shares out of 4,500 shares issued by the Plaintiff Company in its own name to G, 1,500 shares to E, and 1,000 shares to I in total of 22,50,000 shares per share to 5,000 shares (5,000 shares x 4,500 shares) and then resign from the representative director of the Plaintiff Company at that time.
E. On June 23, 2014, with respect to each of the instant real property, upon the Defendant’s request based on the instant right to collateral security.