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(영문) 울산지방법원 2020.10.14 2020가합11359
근저당권말소
Text

The Plaintiff

A. Defendant B Co., Ltd. shall be the Ulsan District Court on June 22, 2005 with respect to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. From around June 2005, the Plaintiff negotiated with Defendant B (hereinafter “Defendant B”) as a case of concluding a contract for construction works related to D remodeling construction works. At the end, the Plaintiff concluded a contract for the said construction works with the construction cost of KRW 1 billion on June 20, 2005. At the time, the Plaintiff paid KRW 300 million to Defendant B as the contract deposit, and the remaining KRW 700 million was to be paid until June 30, 2009.

B. At the time of the conclusion of the above contract, the Plaintiff completed the registration of the establishment of the neighboring land and buildings listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real property”) with the Ulsan District Court No. 70984, Jun. 22, 2005, which was received on June 22, 2005, in order to secure the Defendant B’s obligation to pay the remainder of KRW 700 million for the construction cost, as indicated in the separate sheet owned by the Plaintiff.

(hereinafter “instant collateral security”). C.

Defendant B entered into a contract with E on November 30, 2008 on the transfer of the claim amounting to KRW 700 million against the Plaintiff, and notified the Plaintiff of the said transfer on February 5, 2009.

However, the Plaintiff failed to pay the remainder of the construction price of KRW 700,000 to Defendant B after the date of the payment agreement.

E. Meanwhile, on March 15, 2010, the Defendant C Co., Ltd. (hereinafter “Defendant C”) received a seizure and collection order as to the instant collateral security claim against the Plaintiff from the Defendant B by having the debtor as the Plaintiff as the U.S. District Court 2010TT 2944 (hereinafter “instant collection order”), and on March 19, 2010, the Plaintiff was served with the above order. On March 29, 2010, the attachment registration of the Defendant C’s collateral security claim was completed by being stated additionally in the registration of establishment of the instant collateral security claim.

[Reasons for Recognition] Defendant B: A without dispute, each entry of Gap evidence 1 through 6 (including branch numbers; hereinafter the same shall apply), and Defendant C: the purport of the whole pleadings.

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