logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2015.01.23 2014나2463
근저당권말소
Text

1. All appeals filed by Defendant C and the Defendant (Counterclaim Plaintiff) are dismissed.

2. Between the Plaintiff (Counterclaim Defendant) and the Defendant C.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The Plaintiff is a major shareholder of G Co., Ltd. (hereinafter “G”), and Defendant B was working as the representative director of G from October 2, 1995 to July 29, 196.

On August 2, 1996, the Plaintiff created a joint collateral security (the grounds for registration are the contract concluded on July 30, 1996) against the Korea Investment Savings Bank (the Korea Investment Savings Bank, the first one of which was the mutual savings bank in consideration of the corporation, but the mobilization credit safe company, the mobilization mutual savings bank and the Korea Investment Savings Bank, the stock company, and the Korea Investment Savings Bank; hereinafter referred to as the “Non-Party Bank”) on each real estate listed in the separate sheet owned by the Plaintiff (hereinafter referred to as the “each real estate of this case,” and each real estate is specified as the “real estate of this case”), which is a creditor of G, one billion won with respect to each real estate owned by the Plaintiff, and the debtor as G.

On the other hand, the Plaintiff completed the registration of the establishment of joint collateral security (hereinafter “instant third collateral security”) with respect to the real estate of this case No. 1 through 8, Jcheon District Court No. 18876, Nov. 4, 1996, by the Hancheon Branch Office of the Gwangju District Court, which was received on Nov. 4, 1996, for the establishment of joint collateral security (hereinafter “instant first collateral security”) with the maximum debt amount of KRW 2 billion, the debtor, the debtor, the first instance court co-defendant D and Defendant B, the joint collateral security (hereinafter “instant second collateral security”), the maximum debt amount of KRW 30 million, the debtor, the debtor, and the joint collateral security (hereinafter “instant third collateral security”).

(The above-mentioned right to collateral security is a contract establishing the contract dated October 31, 1996. Upon the request of the non-party bank, which is the joint mortgagee of priority over the defendants as to each of the real estate of this case, the auction procedure was commenced on October 17, 2001 with Gwangju District Court Netcheon Branch F on each of the above real estate.

The auction court shall have no possibility of surplus with respect to the real estate of this case among the above real estate.

arrow