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(영문) 수원지방법원성남지원 2020.12.24 2018가단16620
근저당권설정등기말소
Text

The defendant shall receive on January 16, 2012 from the Suwon District Court for the real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. around November 2012, 2003, the Plaintiff joined as the chief of the management office of the Defendant Company and served as the managing director from around 2005, and retired from office around November 2012.

B. On May 25, 2006, the Defendant Company entered into a joint agreement with C Co., Ltd. to jointly implement an urban development project that newly constructs and sells apartment units of more than 1,000 households by purchasing approximately approximately KRW 27,500 land of approximately 1,00,00 in Won-si (hereinafter “instant joint agreement”). The main contents of the agreement were to procure cost for implementing the project, such as building and selling apartment units, land purchase funds, etc., and the Defendant Company was in charge of affairs such as land purchase and related authorization and permission.

C. Around June 2006, the Defendant Company and C Co., Ltd. borrowed KRW 30 billion business funds of the instant joint project from E and issued promissory notes with face value of KRW 30 billion to E. The Defendant Company, upon request for the execution of the project funds with evidentiary materials, executed the project funds in the manner of paying project funds by C.

However, on January 2007, C Co., Ltd. suspended the execution of the project cost for the Defendant Co., Ltd. on the grounds of an excessive disbursement of the project cost, and the Defendant Co., Ltd. notified C Co., Ltd. of the termination of the said joint project agreement.

The above promissory note issued by the Defendant Company was settled in default on June 2008, and C Co., Ltd. subrogated to E for the amount of KRW 30 billion, and filed a lawsuit against the Defendant Company. On January 29, 2010, the conciliation was concluded with the summary that the Defendant Company paid KRW 25 billion to C on January 29, 2010, and if so, until the value of the land was paid at KRW 25 billion, the conciliation was made to transfer the ownership, such as the business site of the said joint project, to C Co., Ltd.

E. However, C Co., Ltd., which did not repay KRW 25 billion as stipulated in the above conciliation, is against the Defendant Company around March 201.

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