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(영문) 의정부지방법원 고양지원 2018.04.27 2016가단88380
근저당권말소
Text

1. For the plaintiffs:

A. As to the portion of 1/2 of the real estate listed in the separate sheet, Defendant E Co., Ltd.

Reasons

1. Fact-finding;

A. The Plaintiffs are the owners of 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “instant real estate”). On February 27, 2015, the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) was completed on the ground of a contract signed on February 4, 2015, which was the maximum debt amount of 200 million won, the Plaintiffs, the obligor, and the mortgagee C (hereinafter “C”) regarding the said real estate.

나. 피고 주식회사 쌤앤파커스(이하 ‘쌤앤파커스’라 한다)는 2015. 3. 23. 이 사건 근저당권에 관하여 채권최고액 5,000만 원, 채무자 C인 2015. 3. 13.자 설정계약을 원인으로 한 질권 설정등기를 마쳤다.

C. On July 19, 2010, Plaintiff B registered its business for the purpose of wholesale and retail business, such as books, etc. by making its trade name from F from Sinsi-si F as “G.”

H Co., Ltd. is a corporation established on July 21, 1998 and engaged in wholesale and retail business, such as books, with its head office Nos. 1-01 and b02 in Nam-gu Incheon Metropolitan City, Nam-gu. J is the representative of the above company (in-house director) and is the type of Plaintiff A and the type of Plaintiff B.

On the other hand, K, the wife of J, served as the director or auditor of the above company.

In addition, on April 15, 2006, K registered its business for the purpose of wholesale and retail business, such as books, etc., with the name of "L" at the same address as the location of its head office as the place of business.

E. On July 22, 2015, with respect to Nos. 101 and 102 of the Nam-gu Incheon Metropolitan City M, N’s three-story neighborhood living facilities and housing owned by H, Plaintiff B completed the registration of ownership transfer on the ground of sale by voluntary auction on June 28, 2016.

Meanwhile, C was established by H Co., Ltd. on May 24, 2013 (No. 4) and on February 24, 2014, the establishment registration of a mortgage (No. 6) consisting of the maximum debt amount (No. 300 million won) and the establishment registration of a mortgage (No. 6) consisting of the maximum debt amount (No. 400 million).

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