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(영문) 대전지방법원서산지원 2014.11.07 2013가단6133
근저당권말소등기의회복등기절차이행
Text

1. The Plaintiff:

A. As to each real estate listed in the separate sheet, the defendant B-Corporation shall be the Gwangju District Court.

Reasons

1. Basic facts

A. On April 12, 2012, Defendant B Incorporated (hereinafter “Defendant Corporation”) was a corporation established for the purpose of the management of fisheries and the culture of a diversary failure, etc., and as the representative director, Nonparty F, Nonparty G, H, and I were registered as Nonparty E, the auditor of Nonparty F, Nonparty G, H, and I. The address of the principal office was the JJ of Jeonnam-do, and the main office became the K of Taenam-gun, Chungcheongnam-do.

On May 1, 2012, the non-party U.S. Fisheries Fisheries Partnership (hereinafter referred to as the "Non-party U.S. Corporation") is a corporation established for the management of fisheries and the cultivation of a diversary pattern, etc., and G, directors H, I, etc. are registered as the representative director, and the principal office address is the J. Dondo

All the defendant corporation and the non-party corporation are G.

B. G advertised that it would pay high-rate dividends if it invests in the business of the entire decentralization of a non-party corporation. On this basis, the Plaintiff was placed in the name of the non-party corporation designated by G from August 20, 2012 to January 10, 2013 and received a certificate of investment issued by an associate member of the non-party corporation by depositing the total amount of KRW 430,000,000 as investment money over 23 times.

However, when the Plaintiff did not receive the agreed dividends and all the places notified as the place of business of the non-party corporation were found to be not the place of business of the non-party corporation, the Plaintiff resisted to the persons related to the non-party corporation, and the F set up the right to collateral security on each real estate listed in the separate sheet (hereinafter “instant real estate”).

C. On December 5, 2012, F was awarded a successful bid in the auction procedure and completed the registration of ownership transfer as to the instant real estate under the receipt of the Gwangju District Court Full Registry No. 14388 on December 20, 2012, and thereafter the registration was completed as follows.

1) On January 10, 2013, the receipt of the same registry office was issued with No. 358 on January 10, 2013, and the registration of transfer of ownership under the name of the defendant corporation was based on sale on the 8th day of the same month (2) was based on the contract to establish a contract as of January 14, 2013 by the receipt of the same registry office on January 28, 2013

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