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(영문) 서울중앙지방법원 2015.06.19 2014가합530049

근저당권말소

Text

1. The defendant is the Seoul Northern District Court with respect to real estate Nos. 1 through 4 in the annexed list to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an incorporated foundation with the aim of strengthening a mutual cooperation system for the ideal mutual aid among the temples that contributed property and realizing the welfare projects under the Development of B and the Social Welfare Business Act.

(No. 1). (b)

Of the provisions of the Plaintiff’s current Articles of Incorporation, the part related to this case is as follows, and according to the “A-owned inspection status” attached to the current Articles of Incorporation, each of the instant real estate is owned by the Plaintiff.

(A) If it is intended to dispose of (including sale, donation, exchange, provision of security, etc.) the basic property of a corporation (including disposal of basic property) under Article 21 (Disposition of Fundamental Property), it shall go through the procedures for permission to amend the articles of incorporation under Article 31.

Article 31 (Revision to Articles of Incorporation) If it is intended to amend the Articles of Incorporation, the board of directors shall pass a resolution with the consent of not less than two thirds of the registered directors and obtain permission

C. As to each of the instant real estates 1 through 4 real estate listed in the separate sheet (hereinafter “real estate 1 through 4”), each ownership transfer registration under the Plaintiff’s name was completed on April 20, 1996 on the ground of donation made from April 20, 1996, and as to the real estate 5 through 7 real estate (hereinafter “real estate 5 through 7”) listed in the separate sheet that was owned by CD on May 28, 2004, each ownership transfer registration under the Plaintiff’s name was completed on June 4, 2004 on the ground of donation made on May 28, 2004.

(A) No. 2-1 through 6) d.

On August 25, 2006, the Defendant concluded a credit transaction agreement and additional agreement under the name of F and E, an incorporated association, the representative of E and the director of the Plaintiff, and demanded the collateral for the loans under the above agreement.

Accordingly, the Plaintiff entered into a mortgage contract with the Defendant regarding each of the instant real estate owned by the Plaintiff (hereinafter “mortgage contract”) on the same day, and the Seoul Northern District Court with regard to each of the instant real estate.