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(영문) 수원지방법원 2016.05.31 2015가단26906
근저당권설정등기말소
Text

1. On March 5, 2014, the Defendant: (a) on each of the real estate stated in the attached list, the Suwon District Court in the Suwon District Court.

Reasons

1. Facts of recognition;

A. The plaintiff's vice president of D Co., Ltd. (hereinafter referred to as "D") operates D along with E, the representative director of D Co., Ltd., and the plaintiff's second children F works as D's employee, and G works as a person in charge of D's accounting.

D The Republic of Korea has purchased glutinous rice, bean, and a flusent rice from the Seowon Agricultural Cooperatives and supplied them to schools at various levels, and the Seowon Agricultural Cooperatives has purchased glusent rice from HFC.

B. Around February 2014, 2014, D had borne the obligation of KRW 150 million with respect to Seowon Agricultural Co., Ltd., and Seowon Agricultural Co., Ltd had incurred the obligation of KRW 100 million with respect to the purchase of goods, but it was decided that Seowon Agricultural Co., Ltd. offered the security from Seowon Agricultural Co., Ltd. and offered the security for Seowon Agricultural Co., Ltd. for Seowon Agricultural Co., Ltd., thereby not being subject to the pressure of debt from HF., by decision in D’s internal structure.

C. On February 2, 2013, the Plaintiff asked C, the Republic of Korea, to provide each real estate listed in the separate sheet (hereinafter “instant land”) as collateral, and issued C with the registration right, certificate of personal seal impression, etc. to F, the representative director, and F, issued the certificate to E., who was the executive director. Although G, the accounting officer, ordered HF to directly create collateral, HF voluntarily sent HF the registration right, certificate of personal seal impression, etc. on the instant land to HF as collateral service.

After all, G was required to affix a seal imprint on the place indicated in the letter of payment (No. 1) and the document establishing a mortgage (No. 4) due to lack of documents from the defendant, and it was deemed necessary to provide security, and the plaintiff's seal imprint certificate received from C was sent to the defendant after signing it on the document. After that, the plaintiff's seal imprint certificate received from C was sent to the defendant.

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