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(영문) 서울고등법원 2016.12.16 2016나2020938
근저당권말소
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of selling the agricultural, fishery, and livestock products, and the Defendant re-employed is a corporation established for the purpose of the joint business of the concentrated industry. The Plaintiff owned all the shares of the Defendant re-employed agriculture.

B. On November 11, 2013, the Defendant re-agriculture was determined to permit the sale of each of the real estate listed in the separate sheet A owned by A (hereinafter “each of the instant real estate”).

C. On May 12, 2014, the Plaintiff entered into a sales contract to sell all shares of the Defendant re-owned farming to KRW 10,223,00,000 (hereinafter “instant sales contract”). On May 12, 2014, the construction entered into an agreement to pay KRW 1,022,30,000 out of the purchase price at the same time as the acquisition of the Defendant re-owned farming, and at the same time the intermediate payment of KRW 6,500,700,000 within 90 after the date of entering into the contract, each of the remainder amount of KRW 2,700,000,000, within 10 months from the date of entering into the contract, the Plaintiff shall pay the remainder amount of KRW 2,70,00,000 on the successful bid of real estate, and if the Plaintiff fails to resolve the above problem, the Plaintiff shall be exempted from the obligation to pay the remainder.

Western Construction pays the down payment and intermediate payment as described in paragraph (1) to the Plaintiff after the conclusion of the instant sales contract, and received the Defendant’s re-payment from the Plaintiff.

After that, Defendant Jae-si acquired the ownership of each of the instant real estate in the course of the voluntary auction procedure set forth in the foregoing Paragraph (b) on May 16, 2014, and completed the registration of establishment of neighboring real estate (hereinafter “registration of establishment of each of the instant neighboring real estate”) with the Jeju District Court’s Seopo Office of Registry No. 23445, May 21, 2014, to the Plaintiff as security for the obligation to pay the remainder of each of the instant real estate to the Plaintiff.

In addition, at that time, the plaintiff and Seohae Construction are described in the above paragraph (c) of this case to a certified judicial scrivener B.

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