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(영문) 수원지방법원 2015.07.16 2013가합24378
근저당권설정등기의 말소등기절차 이행 등
Text

1. As to each real estate described in attached Tables 4, 5, 6, 9, 10, 11, and 12 against the Plaintiff (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. From around 2010 to the end of 2012, the Defendant lent money to the Plaintiff C and B via E in the name of the Defendant or E, or directly transfer it to the Plaintiff through E, as shown in the attached Table 2, 3, and the money transaction with the Plaintiff B and C was conducted from the end of 2012.

B. On April 20, 201, the Defendant concluded a mortgage agreement with Plaintiff A, B, and the debtor as Plaintiff B, Plaintiff B, and Plaintiff A, F, and G, and completed the registration of establishment of a mortgage with respect to each real estate listed in attached Table 4, 5, 6, 9, 10, 11, and 12 of the attached Table 1 owned by the Plaintiff as joint security, with respect to each real estate listed in the attached Table 1, 2, 3, 7, 8, 13, and 14 of the F and G owned, as to each real estate listed in the attached Table 1, 1, 2, 3, 7, 8, 13, and 14 of the attached Table 1 owned by the Plaintiff.

(hereinafter “instant collateral security”). On the other hand, F and G completed the registration of transfer of ownership on June 4, 2012 with respect to each real estate listed in attached Tables 1, 2, 3, 7, 8, 13, and 14 owned by the Plaintiff B, respectively.

C. E died on January 29, 2013, and Plaintiff C deposited money to the Defendant by April 2, 2013 as shown in attached Table 3.

On October 2, 2013, the Defendant applied for a voluntary auction on each of the real estate listed in the separate sheet No. 1 with the claim amounting to KRW 700 million in this Court, and received a decision to commence auction from the court on October 4, 2013. On the same day, the entry registration was completed under the receipt of the Suwon District Court No. 15076.

E. As of September 19, 2014, the Plaintiff C’s list of shareholders as of September 19, 2014 is indicated as the Plaintiff B’s 1,100,070 shares (64.71%) among the total number of shares 1,70,000 shares, I 327,250 shares (19.25%) by J, 265,930 shares (15.64%) by J, 265,930 shares (15.64%) and 6,750 shares (0.4%) by K.

F. On March 3, 2014, Plaintiff B filed an application for commencing rehabilitation procedures with the Seoul Central District Court on April 2, 2014, and received a decision on commencing rehabilitation procedures as Seoul Central District Court 2014hap40 on April 2, 2014.

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