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(영문) 부산지방법원 2018.08.29 2017가합2475

근저당권말소등기

Text

1. The Defendant: (a) KRW 600,000,000 from Down Construction Co., Ltd.; and (b) from October 22, 2017 to November 20, 2017.

Reasons

1. Basic facts

A. On October 14, 2016, the Defendant and Down Construction Co., Ltd. drafted an investment agreement (hereinafter “instant investment agreement”) with the content that the Defendant invested in the Ddong and E Apartment Project (hereinafter “instant project”) to the Down Construction Co., Ltd.

B. The main contents of the instant investment agreement are as follows.

Article 1 (Investment of Funds) The Defendant shall invest KRW 500 million in Down Construction Co., Ltd. as provided for in this Agreement.

Article 2 (Payment of Proceeds from Investment) Construction Co., Ltd. shall pay KRW 1 billion, the Defendant’s investment amount of KRW 500 million, within the period of one year from the date of investment, to October 2017.

Article 3 (Creation of Collateral Security) The following shall be established as a measure to preserve claims against the investment amount:

1) The following1) Busan Jin-gu Busan, F, G, H 3 lots of 190.87, Plaintiff B, C, and C, the maximum debt amount of 1.1 billion won, the maximum debt amount of 1.1 billion won, the maximum debt amount of 1.1 billion won, the maximum debt amount of 1.1 billion won, the maximum debt amount of 1.1 billion won, the joint security amount of 1.1 billion won, and the joint security amount of Plaintiff A) the ownership of shares in the Seo-gu, Seo-gu, Busan, the Songnam Industry Co., Ltd., Ltd., and the 227th, 1.1 billion

C. On October 14, 2016, the Defendant established the right to collateral security (Article 3(2) of the Investment Agreement) with respect to the real estate (Article 3(1) of the Investment Agreement) listed in attached Tables 2 through 5, 2016, based on the contract concluded on October 14, 2016, with respect to which the maximum debt amount is KRW 1.1 billion, the obligor corporation and the Plaintiff and the mortgagee as the Defendant. On October 18, 2016, the Defendant established the right to collateral security with respect to the real estate (Article 3(1) of the Investment Agreement) listed in attached Tables A, owned by the Plaintiff [Article 3(2) of the Investment Agreement] as the Defendant as the Defendant on October 14, 2016, on the ground of the contract to effect the agreement on October 14, 2016.

Each real estate listed in the separate sheet (hereinafter referred to as "each real estate of this case").