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(영문) 서울중앙지방법원 2017.06.21 2016가합505238

소유권이전등기말소 청구의 소 등

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1. The sales contract concluded on March 26, 2012 between Defendant B and C on the real estate stated in the separate sheet between Defendant B and C is 370,53.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of selling and buying non-performing loans, managing purchased assets, and recovering assets. D (hereinafter “D”) is a company established for the purpose of electronic commerce transaction, etc.

B. 1) The Industrial Bank of Korea (hereinafter “D”) concluded the instant payment guarantee contract and the instant loan contract, regardless of whether it was before or after the alteration of D.

B) On March 31, 2009, the due date for repayment was set at 14% per annum, and entered into an agreement on the guarantee of foreign currency payment with the limit of 1,000,000 US dollars. On March 31, 2011, the above guarantee limit was changed to 2,300,000 US dollars, and the due date was changed to 26 April 26, 2012. On April 26, 2012, the above guarantee limit was changed to 2,00,000 US dollars and the due date was changed to 2,00,000 US dollars and May 7, 2013 (hereinafter collectively referred to as the “instant guarantee contract”).

(2) Under the foregoing agreement, the Industrial Bank of Korea performed its obligation to pay USD 2,012,380 by July 5, 2012. (2) The Industrial Bank of Korea loaned KRW 500,000,000 to D on February 23, 2011, setting the due date for payment on February 23, 201, at 14% per annum. On November 11, 2011, the Industrial Bank of Korea loaned KRW 400,000,000 per annum by setting the due date as 14% per annum.

(3) As to the instant payment guarantee contract, C, the representative director of D, within the scope of USD 1,200,00,000 as to the instant payment guarantee contract, and as to the loan contract dated February 23, 201, the full amount of the debt as to the instant payment guarantee contract, and as to the loan contract dated November 11, 201, the above amount of KRW 480,000,000, the joint and several surety (hereinafter “joint and several surety”), each joint and several surety (hereinafter “instant joint and several surety”), and the Bank’s credit against C.