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(영문) 울산지방법원 2016.05.11 2015나21097
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. C, on July 28, 2009, completed the registration of ownership transfer on the land for a factory in Ulsan-gun, Ulsan-gun, a Ulsan-do, for the factory on 3268 square meters, and newly constructed the two-storys of the 1st unit, the 2nd unit, the 2nd unit, the 2nd unit, the 3nd unit, and the 2nd unit, the 2nd unit, and the 2nd unit, and registered the preservation of ownership on December 24, 2009.

B. On December 24, 2009, C completed the registration of creation of a collateral on the instant real property with the obligor C, mortgagee, Plaintiff, the maximum debt amount of KRW 450,000,000, and on May 14, 2010, C cancelled the registration on the ground of termination of the mortgage contract. On May 11, 2010, C completed the registration of creation of a collateral on the instant real property (hereinafter “the registration of creation of a collateral”).

C. C concluded a contract for the transfer or acquisition of business between the Defendant and F Co., Ltd. (hereinafter “F”), a representative director, to comprehensively transfer all the rights and obligations of E to F, while engaging in business with the trade name “E” on January 26, 2011 in the instant real estate, and F was with the acquisition of total assets and total liabilities of E.

On the other hand, on January 12, 2012, at the request of G, a senior mortgagee to the instant real estate, G, the lower court rendered a voluntary decision to commence the auction (hereinafter “instant auction”), and on July 24, 2012, the registration of ownership transfer was made to the Han River Construction Co., Ltd. on the ground that the instant real estate was registered.

E. On March 8, 2012, the Defendant: (a) promised to pay the Plaintiff the foregoing amount by September 2014; (b) written the loan certificate stating, “In the event that the payment has not been made by September 2014, the Defendant will be held liable for civil and criminal liability” (hereinafter “the instant loan certificate”); and (c) on March 9, 2012, the Plaintiff registered the cancellation of the registration of the establishment of the instant nearby mortgage.

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