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(영문) 청주지방법원 충주지원 2018.02.07 2016가단6319
근저당권이전 계약양도취소
Text

1. The defendant received on July 16, 2007 from the Cheongju District Court for the real estate stated in the attached list from the plaintiff.

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed on December 20, 1971 with respect to the share of 1/4 shares in D, E, F, and G on December 20, 1971. Of them, the registration of ownership transfer was completed on January 25, 2005 with respect to the share of D, E, and F by the Cheongju District Court of Chungcheong on January 27, 2005, as the receipt of No. 3768 on January 27, 2005.

(hereinafter referred to as the above, the share of real estate, the transfer of which is completed in the Plaintiff’s future, is called “share of the instant real estate”).

Plaintiff

Around July 10, 2007, E, the president of a clan, opened the board of directors of the Plaintiff clan, made a resolution to set up a collateral by providing the instant real estate shares as collateral to the New Credit Union (hereinafter “New Credit Union”) and to obtain a loan of KRW 150 million (hereinafter “the resolution of the board of directors of this case”).

C. According to the resolution of the board of directors of this case on July 16, 2007, E obtained loans of KRW 150 million from the New Credit Union (hereinafter “the instant loans”), and entered into a mortgage agreement with the debtor, E, and the New Credit Union with respect to the instant real estate share as collateral. The registration of establishment of a mortgage was completed as of July 16, 2007 with respect to the instant real estate share as of the Cheongju District Court, Jeonju District Court No. 3112, Jul. 16, 2007.

(hereinafter “instant collateral security”). D.

While E was unable to repay the instant loan, the Defendant paid all of the instant loan to Nice Union on November 30, 2012, and entered into a contract with Nice Union on the same day. On November 30, 2012, the Defendant completed the supplementary registration that received the instant collateral security from Nice District Court No. 56259 on November 30, 2012.

E. Meanwhile, the part related to this case among the plaintiff's clan rules is as follows.

Article 16 (Matters to be Resolved) Matters to be resolved by the General Meeting shall be as follows:

1. Matters concerning changes in rights, such as acquisition, disposal, etc. of property, from among the doors, shall be attended by a majority of the members under Article 17;

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