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(영문) 광주지방법원 2016.11.18 2015가합177
손해배상(기)
Text

1. Defendant B, fishery partnership corporations, and C: (a) KRW 240,00,000 for each Plaintiff; and (b) from January 23, 2015 to November 18, 2016, for each Plaintiff.

Reasons

1. Basic facts

A. Defendant B fishery partnership corporation (hereinafter “Defendant corporation”) and E fishery partnership corporation (hereinafter “foreign corporation”) were established for the purpose of the management of water industry and the culture of the dives pattern.

F is a director of the defendant corporation and the representative director of the non-party corporation, and G is an actual operator of two corporations, and G is an auditor of the defendant corporation.

B. On January 28, 2013, in order to secure the return of KRW 430,00,000,000, which is an investor to a non-party corporation, F completed the registration of creation of a collateral (hereinafter “registration of creation of a collateral for the first place of mortgage”) with respect to each real estate listed in the attached Table 1, owned by the Defendant Corporation, as indicated in the attached Table 1, which is owned by the Defendant Corporation (hereinafter “first place of real estate”).

On the other hand, the registration of creation of a mortgage on the first real estate and the first real estate owned by G (hereinafter “second real estate of this case”) was completed on December 28, 2012, the maximum debt amount of KRW 180,000,000 established on December 28, 2012, as well as the first real estate of this case, and the registration of creation of a mortgage on the first real estate of this case, G, and I-mortgage (hereinafter “registration of creation of a mortgage on the second real estate of this case”).

C. Defendant C, upon the request of G on February 18, 2013, did not confirm the intention of H, the mortgagee of the right to collateral security upon the request of G, and completed the registration of cancellation as to the registration of the establishment of the creation of the right to collateral security.

On March 26, 2013, the Plaintiff purchased each of the instant real estate from Defendant Corporation and G with the purchase price of KRW 250,000,000 (i.e., KRW 100,000,000, KRW 240,000, KRW 240,000, KRW 1500,000 on the day, and paid the remainder 150,000,000 on the day, and received documents necessary for cancelling the registration of creation of mortgage of the instant second class, and paid directly to I, and the transfer of ownership was registered on April 4, 2013 (hereinafter “instant sales contract”).

The plaintiff is the defendant on the same day.

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