근저당권말소
1.In respect of the real estate listed in the Schedule,
(a) between the Defendant and the limited liability company C, concluded on February 28, 2013.
1. Basic facts
A. The Plaintiff is a sole director of a limited liability company C, who operated a hotel in each real estate listed in the separate sheet (hereinafter “instant real estate”), and D is a person who was an internal director of the G Co., Ltd. (hereinafter “G Co., Ltd.”) holding land E, F, and a factory building on the land.
B. The instant real estate was registered in the name of the limited company C, in the name of the Chungcheongnam-gun E, Chungcheongnam-gun, and F and its ground factory buildings, respectively, under the name of G Co., Ltd., and the Plaintiff and D concluded an exchange contract to exchange corporate property by changing the name of directors of each of the above corporations, which are sole directors or intra-company directors, around January 15, 2013.
On January 29, 2013, the Plaintiff completed registration of change as a director and representative director of G Co., Ltd., and D as a sole director of K Co., Ltd. around January 28, 2013.
C. The Plaintiff, who became aware that the value of assets of G Co., Ltd. was significantly less than the degree explained by D, raised an objection, D decided to purchase the instant real estate instead of exchanging corporate assets.
Accordingly, on February 6, 2013, the Plaintiff concluded a sales contract with G Co., Ltd. as the representative of D as to all rights to limited liability companies and to sell the instant real estate at KRW 3.5 billion, with the qualification of the representative of C of a limited liability company, the Plaintiff decided to succeed to and deduct from the purchase price the debt equivalent to the total amount of KRW 1.95 million and the lease deposit, which the limited liability company incurred with respect to the instant real estate, KRW 1.55 million, and the remainder of KRW 1.455 million from the purchase price was to be paid KRW 50 million on August 8, 2013, KRW 2013, KRW 40 million on April 30, 2013, KRW 70 million on October 30, 2013, KRW 300 million on December 30, 2013, and KRW 300 million on December 30, 2013.
(hereinafter “instant sales contract”). D.
D The Plaintiff decided to cancel the sales contract on March 10, 2013 as it did not perform its obligation under the instant sales contract. Accordingly, the Plaintiff on March 10, 2013.