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(영문) 수원지방법원성남지원 2014.06.19 2013가합1651
근저당권말소
Text

1. On July 16, 2012, the Defendant: (a) on each real estate listed in the separate sheet to the Plaintiff, the Suwon District Court rendered an Ansan Branch Branch.

Reasons

1. Basic facts

A. The Plaintiff is the representative director of B Co., Ltd. (hereinafter “B”), and B Co., Ltd. entered into a contract with the Seoul Urban Industry Co., Ltd. (hereinafter “Seoul Urban Industry”) to be supplied with the goods equivalent to KRW 224,716,492 on March 12, 2012, and paid the said KRW 224,716,492 on May 21, 2012.

B. In addition, Company B entered into a contract with the Seoul Urban Industry to be supplied with internal currency, etc. from May 15, 2012 to July 9, 2012, and subsequently paid KRW 2,064,116,00 in total, and paid KRW 100 million out of the price of the said goods.

C. As above, the Plaintiff entered into a mortgage agreement, which is a debtor company, B company, and a collateral security industry, with respect to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”) on July 11, 2012, with a view to securing the above debt under the remaining condition that the goods price for the Seoul Urban Industry is KRW 1,64,16,000 (2,064,116,000 - 400 million) (hereinafter “each of the instant real estate”), with the Seoul Urban Industry on July 11, 2012, and registered the establishment of a mortgage to the Seoul Urban Industry on July 16, 2012.

(hereinafter “instant collateral security”). D.

After that, under the name of the Seoul Urban Industry to repay KRW 1,64,16,00 for the above goods-price obligations of the company B, the amount of KRW 100 million on July 16, 2012, KRW 31.30 million on July 31, 2012, KRW 624,020,00 on August 30, 2012, KRW 3000 on the name of the company B, and KRW 300,000 on July 20, 2012, KRW 30 million on the name of the company B, and KRW 30,000 on July 23, 2012, KRW 30,000 on July 23, 2012, and KRW 39,216,00 on July 24, 2012.

Meanwhile, the company B paid KRW 300 million on July 31, 2012, and requested the Seoul Urban Industry to return KRW 300 million to C, and the Seoul Urban Industry remitted KRW 300 million to C’s deposit account on August 1, 2012.

In addition, Seoul Urban Industry and B companies are 80,000,000 out of the goods price bonds of the Seoul Urban Industry on August 10, 2012.

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