beta
(영문) 전주지방법원군산지원 2013.11.06 2012가단11193

근저당권말소

Text

1. As to each real estate listed in the separate sheet to the Plaintiff:

A. Defendant B: (a) the Jeonju District Court of the United States District Court of the Republic of Korea on December 2012.

Reasons

1. The premise is the fact that the Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter referred to as “instant real estate”), and newly constructed a meat processing plant on the ground D in the following cities: (a) completed the registration of initial ownership on March 19, 2012; and (b) did not pay a large number of construction cost obligations at the time.

② On April 20, 2012, E, a creditor of the Plaintiff, applied for a compulsory auction for part of the instant real estate owned by the Plaintiff, and a decision to commence compulsory auction was rendered.

The plaintiff borrowed KRW 24.5 million from F on April 27, 2012 and paid the above money to E and withdrawn the compulsory auction.

On the same day, the network G, as a real representative of the plaintiff, had a comprehensive power of representation concerning the plaintiff's overall business, has prepared a notarial deed of monetary loan contract amounting to KRW 100 million on behalf of the plaintiff.

F remitted to the Plaintiff KRW 10 million on June 1, 2012, and KRW 14 million on June 2, 2012, from the account under the name of H, which is the land manager, and KRW 150,000,000 on June 2, 2012, and remitted from the account under the name of H to the Plaintiff KRW 150,000 on April 27, 2012, and KRW 30,000 on June 6, 2012.

③ On May 25, 2012, the Plaintiff completed on May 25, 2012, the establishment registration of each of the maximum debt amounts of KRW 600 million against Defendant B, and on May 31, 2012, the Plaintiff completed the establishment registration of each of the maximum debt amounts of KRW 700 million against Defendant C (hereinafter “each of the instant mortgages”).

④ Defendant B is the wife of J, which is the seat of F, and Defendant C is the wife of K, which is the seat of F.

⑤ On behalf of the Plaintiff, on April 27, 2012, the Network G prepared a patent non-exclusive license agreement on the Patent Act and L/L service marks and trademark rights related to F and F’s Ginseng Racing Act, etc. (hereinafter “instant patent license agreement”) on behalf of the Plaintiff, and notarized on June 4, 2012.

④ The instant patent license agreement provides that the Plaintiff shall pay F the total amount of KRW 600 million to F as patent royalties.

Article 8 of the above Agreement provides that the plaintiff shall pay advance payment of KRW 100,000, and shall use the patent.

참조조문