logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.03.14 2017가단212370
근저당권말소
Text

1. On December 14, 2016, the Defendant filed for registration of the branch court of Busan District Court with respect to real estate stated in the attached list to C, and the registration of the branch court of Busan District Court.

Reasons

1. Basic facts

A. On August 25, 2016, the Plaintiff completed the registration of provisional attachment (hereinafter “registration of provisional attachment No. 1 of this case”) on August 25, 2016 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on August 25, 2016, which was employed as a regular director as to C’s tort against the Plaintiff, including breach of trust, against the Plaintiff, and on August 25, 2016.

B. On November 21, 2016, the Plaintiff entered into an agreement with C to pay KRW 300,000,000 to the Plaintiff by December 5, 2016, in return for the withdrawal of a criminal complaint against C with C, and the Plaintiff revoked the provisional attachment registration of the instant case on the 23th day of the same month, based on the revocation of the provisional attachment as of the 22th day of the same month.

C. C above b.

As to the instant real estate on December 14, 2016, the Plaintiff completed the registration of provisional attachment (hereinafter “registration of provisional attachment No. 2 of this case”) on December 14, 2016 by Busan District Court’s decision of provisional attachment (2016Kadan54155) on December 14, 2016.

On the other hand, the Plaintiff filed a lawsuit against C on September 20, 2016 with Busan District Court Decision 2016Da343486, which filed a tort claim based on breach of trust, etc., and on March 16, 2017, the Plaintiff: “The Defendant shall pay the Plaintiff KRW 100,000,000 until June 30, 2017, and KRW 79,000,000 until December 31, 2017, each of the above installment shall be paid to the Plaintiff; if the Defendant loses the benefit of the deadline, and immediately pays the Plaintiff the remainder of the period and the damages calculated at the rate of 15% per annum from the day after the date of loss of the due interest to the date of full payment.” The settlement recommendation was finalized on April 4, 2017.

E. C entered into a contract to establish a collateral security (hereinafter “mortgage”) with the Defendant on December 14, 2016 with respect to the instant real estate, which is owned by it, on the same day as the date of completion of the registration of provisional seizure No. 2, 2016.

arrow