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(영문) 서울중앙지방법원 2016.07.22 2015가합574626
근저당권이전등기청구
Text

1. On September 14, 2007, the Yeongdeungpo-gu Seoul Southern District Court registry office was received with respect to each real estate listed in the separate sheet.

Reasons

Basic Facts

On September 14, 2007, the defendant Industrial Bank of Korea concluded a credit transaction agreement with the non-party C (hereinafter referred to as the "non-party C") on September 14, 2007, setting forth a credit transaction agreement with the loans for small and medium enterprises, the credit amount of KRW 700 million, and the credit period of KRW 11, 2008 (the last amendment was made on September 5, 2014).

(2) The Defendant Industrial Bank of Korea concluded a mortgage agreement between the Plaintiff and Nonparty D regarding each of the real estate listed in the separate sheet owned by the Plaintiffs and Nonparty D (hereinafter “each of the instant real estate”) on the same day with respect to each of the instant real estate (hereinafter “the instant real estate”). As a result, the Defendant Industrial Bank of Korea and the Defendant Industrial Bank of Korea concluded a mortgage agreement between the creditor and the mortgagee, the debtor company, the maximum debt amount, KRW 840,000,000,000,0000,0000,0000,0000,0000,0000,0000,0000,000

On September 5, 2012, the Defendant Industrial Bank of Korea concluded a contract to alter the establishment of a collateral security agreement with the Plaintiffs and Nonparty D by limiting the scope of the secured debt to the creditor (the Defendant Industrial Bank of Korea) on September 5, 2012, with the content that the debtor changed the transaction of small and medium enterprise loans to all the obligations currently and future.

(2) On August 8, 2014, the Seoul Southern District Court E (hereinafter “instant voluntary auction procedure”) started on August 8, 2014, upon the application of the Defendant Industrial Bank of Korea.

On December 29, 2014, after the commencement of the instant voluntary auction procedure, the Defendant Industrial Bank of Korea established the instant credit transaction agreement with the Defendant Industrial Bank of Korea against the non-party company.

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