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(영문) 광주지방법원 목포지원 2018.12.12 2018가단50032
가등기말소
Text

1. On September 22, 2017, the Defendant received the Plaintiff on September 22, 2017 as to the motor vehicles indicated in the attached list.

Reasons

1. Facts of recognition;

A. The Defendant’s incidental E is the process of purchasing a building F. 210.6 square meters and its ground (hereinafter “instant real estate”) owned by the Plaintiff from the Plaintiff, Jeonnam-gun, Jeonnam-gun, Seoul-do, and then purchasing the building among them. However, there is a dispute as to whether the instant real estate was concluded or the negotiation stage of a sales contract was completed, and whether it did not reach the conclusion of a sales contract or the terms and conditions of the sales contract.

On November 29, 2016, the registration was completed in the corporate register after the plaintiff's appointment as a director.

B. On November 29, 2016, the Plaintiff sold the instant real estate in KRW 600 million to the Plaintiff’s total written consent of the employee, stating that “A shall be formally temporary directors at the request of the purchaser to reduce the expenses for unpaid purchase price and transfer of ownership, but in any case, the Plaintiff shall prohibit any exercise of all corporate decision-making matters, such as property rights, bonds, and use of seal imprints other than business cooperation with the consent of all the members, and the minutes of the Plaintiff’s temporary board of directors dated November 30, 2016 contain the statement that there is no objection against the said agenda with the consent of all the members.”

C. On September 22, 2017, E, as the representative of the Plaintiff, completed the registration of mortgage creation set forth in paragraph (1) of the attached Table owned by the Plaintiff as to automobiles listed in the Plaintiff’s Schedule (hereinafter “instant automobiles”).

(hereinafter “instant mortgage”). On the other hand, E completed the registration of mortgage on March 12, 2018 with respect to the Lone Star (Motor Vehicle Registration Number G) owned by the Plaintiff on the same day, the mortgage registration for the Plaintiff, the mortgagee, and the mortgagee as the Defendant was revoked.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 1 through 5, 11, 12, 14, 20, and the purport of the whole pleadings

2. The Parties’ assertion.

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