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(영문) 서울동부지방법원 2017.01.12 2015가합5048
근저당권설정등기
Text

1. The defendant shall have jurisdiction over the plaintiff's respective real estate stated in the attached list in the Suwon District Court.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant respectively invested to establish C Co., Ltd. (hereinafter “Nonindicted Company”) with capital of KRW 200 million, and thereafter D acquired the shares of the Plaintiff and the Defendant from the Defendant, thereby holding the shares of the Nonparty Company with KRW 45.9%, the Defendant 44.1%, and D 10%, respectively.

B. 1) As the Defendant had the intent to retire from the non-party company, the Plaintiff and the Defendant identified as KRW 200 million for the settlement of investments and loans to the non-party company, and paid to the Defendant the amount re-calculated based on the liabilities and inventory of the financial statements on the settlement of accounts in 2013 from January 21, 2014 to the Defendant. To secure this, the real estate listed in the attached Table owned by the Plaintiff (hereinafter “instant real estate”).

(2) Article 1 of the Civil Act provides that “The term “the term “the term “the term “the term “the term “instant contract” refers to the term “the term “the term “the term “this case”). The term “the term “the term “the term “the term” refers to the term “the term “the term “the term” under Article 12 of the Civil Act.” Article 2 of the Civil Act provides that “the term “the term “the term “the term “the term” means “the term “the term” means “the term “the term” means “the term “the term” means “the term “the term” means “the term “the term” means “the term “the term” means “the term “the term” means “the term “the term” means “the term “the term” means “the term” means “the term “the term” means the term “the term” means “the term” means the term “the term” means “the term” means “the term” means “the term” means “the term” means “the term” means “the term” means” means “the term” means “the term”.

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