logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.11.16 2015가합51941
근저당권설정등기말소
Text

1. As to each real estate listed in the separate sheet to C religious organization Diplomatic Association:

A. Defendant A is the District Court of Kubu District.

Reasons

1. Basic facts

A. The status E of the parties is in charge of a master of C religious organization D’s Diplomatic Association (hereinafter “D”) from November 18, 2009. From July 31, 2009 to July 2013, 2013, Defendant A was a member of C religious organization F of C (hereinafter “FI”). Defendant A is a member of G who is the wife of E, and Defendant B is a member of H, who is the head of the FI Association.

B. Around April 8, 2011, the Plaintiff’s Diplomatic Association (the Plaintiff’s former name was the “Crown Mutual Savings Bank,” and the change was made to the trade name as of January 2, 2013.

"Plaintiff" in total before and after the change of trade name.

(C) A loan of KRW 2.6 million was granted on May 8, 2012 (hereinafter “instant loan”) after the due date set at KRW 2.66 million (hereinafter “instant loan”).

(2) On April 8, 2011, the Plaintiff, as security for the instant loan, entered into a comprehensive guarantee contract with the limit of KRW 3.455 billion on the same day. (2) On April 8, 2011, the Plaintiff provided first priority right under the trust agreement entered into between the FIG and the Asian Trust Co., Ltd. on March 31, 201 with respect to the 2,160 square meters of the IG (hereinafter “instant trust property”).

3 The FSC failed to repay the above loan by May 8, 2014, which was the due date for the extension of the obligation of the instant loan, and around July 2014, the public auction procedure regarding the instant trust property was in progress.

On August 13, 2014, the Plaintiff received dividends of KRW 1,949,748,519 in the above public sale procedure and appropriated the principal and interest of the instant loan for KRW 2,864,017,596. On August 13, 2014, the Plaintiff still remains in KRW 914,269,07.

C. Around August 29, 2014, the Diplomatic Association of the Defendants established the right to collateral security against the instant real estate by designating the creditors as Defendant A with regard to the establishment of the right to collateral security (hereinafter “the right to collateral security”) around December 31, 2013, of the maximum debt amount of KRW 280,000,000 as the ground for the right to collateral security contract, and the same day as the creditor was designated as Defendant B.

arrow