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(영문) 서울중앙지방법원 2015.01.21 2013가합22879
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) KRW 177,457,482 and KRW 97,170,000 among them; (b) March 1, 2010.

Reasons

1. Basic facts

A. The Plaintiff’s acquisition of movable property Nos. 1 through 33 in the [Attachment List 1] Nonparty F Co., Ltd. (hereinafter “Nonindicted Company”).

of the member of Ansan-si Seoul Special Metropolitan City Council No. 401, 402, 501, 502, 603, 701, 702, 801, 802, and H building No. 401, 402, 501, 502, 701, 702, 702, 801, and 802 (hereinafter collectively referred to as “instant real property”).

On November 25, 2003, while managing the theater with the trade name of “I,” the Plaintiff created a first priority collective security (the maximum debt amount of KRW 5.59 billion) with respect to the said real estate to the National Agricultural Cooperative Federation on November 25, 2003. (2) On November 26, 2003, the Plaintiff, along with Nonparty J, agreed to jointly operate the shop within the said theater by leasing the same amount of KRW 1 billion from the non-party company. Accordingly, on May 18, 2004, each of the said claims for the return of the lease deposit was jointly managed by the non-party company, and on May 18, 2004, the mortgagee and J, and the maximum debt amount of the lease deposit amount of KRW 1.3 billion were set up the second priority collective security (the maximum debt amount) with respect to the instant real estate as security

3) On March 2005, the Plaintiff entered into an agreement with the said J on the purport that the Plaintiff transferred shares in the J’s stores and the above 2nd priority right, and that the Plaintiff shall pay KRW 400 million to theJ. On September 11, 2007, the Plaintiff acquired part of the above theater’s facilities, including the movables No. 1 or 33 in the attached list kept in the instant real estate, as security for the obligations of the 2nd priority right.

B. Meanwhile, on June 28, 2006, the National Agricultural Cooperative Federation, which is the first-class collateral security company, applied for voluntary auction of the instant real estate to Suwon District Court K in Ansan Branch. Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) was awarded a successful bid on December 25, 2009.

C. The Plaintiff and the non-party mutual savings bank belong to their ownership.

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