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(영문) 서울중앙지방법원 2016.02.17 2015가합549453
근저당권말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of selling agricultural, fishery, livestock products, manufacturing and selling industrial products, etc., and Defendant re-agriculture is a corporation established for the purpose of improving productivity through collaborative management of agricultural and livestock products, and increasing the income of its members through joint shipment, processing, export, etc. of agricultural and livestock products.

B. The Plaintiff was determined to grant permission for sale on November 11, 2013 in the voluntary auction procedure commenced with respect to each real estate listed in the separate sheet owned by A (hereinafter “each of the instant real estate”) among the real control over the entire shares of the Defendant re-owned farming.

C. On May 12, 2014, the Plaintiff entered into a sales contract to sell all shares in the Defendant’s reproductive farming to the Seocho General Construction Co., Ltd. (hereinafter “Sim Sea Construction”) for KRW 10,223,000,000 (hereinafter “instant sales contract”). The Plaintiff agreed to pay KRW 1,022,30,000 on the date of the contract, intermediate payment of KRW 6,500,700 on the date of the contract, and KRW 2,700,000 on the remainder within 90 days after the contract was concluded, and pay KRW 2,700,000 in the event that the Plaintiff resolved the problem on the ground, such as the successful bid trees and landscaping (if the Plaintiff fails to resolve the problem, the remaining construction is exempted from the obligation to pay the remainder).

Western Construction Co., Ltd., after entering into the instant sales contract, shall be the Plaintiff.

Payment of the down payment and intermediate payment as described in the paragraph, and the defendant re-employed by the plaintiff.

After that, the defendant re-employed whose construction in Yellow Sea has been substantially controlled is above B.

The registration of the establishment of a neighboring real estate of this case (hereinafter “registration of the establishment of a new neighboring real estate of this case”) was made on May 21, 2014 with respect to each of the instant real estate by the auction procedure stated in paragraph (1) in order to secure the repayment of any outstanding obligation under the instant sales contract, with respect to each of the instant real estate, by the Plaintiff, as the receipt of No. 23445, May 21, 2014.

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