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(영문) 부산지방법원 동부지원 2017.02.10 2016가합331
약정금 등
Text

1. Of the instant lawsuit, the part demanding the revocation of the fraudulent act against Defendant B and the registration of the establishment of the neighboring mortgage against Defendant C.

Reasons

1. Facts of recognition;

A. D around April 2009, entered into an investment contract for the establishment of a factory on six parcels, other than the real estate listed in the E and attached Form 1.

B. D, around July 2010, entered into a joint development agreement with F Co., Ltd. (hereinafter “F”) on about 7,000 parcels of land, including real estate set out in Appendix 1 and Appendix 3.

C. On November 15, 2012, No. 28487, which was received on November 15, 2012, the Changwon District Court Branch Branch, registered the ownership transfer of H’s name on November 14, 2012.

Attached Form

On January 24, 2014, No. 2119, which was received on January 24, 2014, the Changwon District Court Branch Branch, registered the ownership transfer of Defendant B on January 24, 2014.

Attached Form

On September 20, 201, No. 2923, which was received on September 20, 201, the Changwon District Court Branch Branch, registered the ownership transfer registration in the name of the plaintiff on September 1, 201.

Since then, on January 24, 2014, the Changwon District Court Branch of the Republic of Korea (Seoul District Court Branch of January 24, 2014), the registration of ownership transfer in the name of Defendant B was made on January 24, 2014.

E. On January 24, 2014, the Changwon District Court’s Secretariat of the Republic of Korea (hereinafter “Seoul District Court”) issued the registration of establishment of a neighboring mortgage with the maximum debt amount of KRW 345,00,000,00 with respect to the real estate indicated in attached Forms 1 through 3, and the registration of establishment of a neighboring mortgage with the debtor B and the mortgagee D was revoked on August 27, 2014.

F. On April 27, 2015, Defendant B and Defendant C concluded a mortgage agreement that establishes the right to collateral security (hereinafter “instant right to collateral security agreement”) with the content of the right to collateral security (hereinafter “right to collateral security”) on real estate indicated in attached Forms 1 through 3 in order to secure the obligation owed by Defendant B to Defendant C.

Since then, the Changwon District Court’s Secretariat of the Republic of Korea on April 27, 2015 (208,000,000 won, and the debtor B, and the mortgagee C, respectively.

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