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(영문) 서울고등법원 2015.02.06 2014나18751
약정금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

Basic Facts

On July 29, 1993, the Plaintiff and D completed the registration of creation of a neighboring forest with a maximum amount of KRW 17,206 square meters (hereinafter referred to as “real estate 1”), X-6,456 square meters (hereinafter referred to as “second real estate”) in Pakistan-si, Pakistan-si, and KRW 7,636 square meters (hereinafter referred to as “third real estate”) in relation to the debtor C and C, the maximum amount of debt of KRW 3 billion.

(2) Of the instant right to collateral security, the Plaintiff’s right to collateral security (hereinafter “the instant right to collateral security”). D agreed to transfer the right to collateral security (hereinafter “D”) with J (C) and D’s right to collateral security (hereinafter “D’s right to collateral security”) on October 27, 2006, with the maximum debt amount of KRW 1.5 billion, which is the Plaintiff’s share (hereinafter “the Plaintiff’s right to collateral security”). Accordingly, J completed the additional registration regarding D’s right to collateral security on October 27, 2006.

The defendant was the representative director of E (hereinafter "E"), and E was necessary to purchase the first real estate in order to secure access roads from the company to the public service.

However, since multiple joint collateral mortgages are established on the first real estate, the relationship of rights was complicated. Accordingly, the defendant acquired the plaintiff's right to collateral security established on the first real estate, filed a request for auction based on the right to collateral security, and purchased the first real estate in the auction procedure and acquired the ownership.

On March 30, 2007, the Plaintiff entered into a contract with the Defendant’s agent G to transfer the Plaintiff’s right to collateral security while present with C.

(hereinafter “instant transfer contract.” At the same time, the Plaintiff prepared and delivered two copies of “the certificate of partial transfer of collateral security” to Defendant’s agent G. One of the Plaintiff’s 1.5 billion won claims against the Plaintiff’s 1.5 billion won claim against the Defendant, which is the transfer of the part of the claim against the Plaintiff’s 1.5 billion won to the Defendant, and the other one was the Defendant’s employee.

hereinafter referred to as “Defendant H”).

(b) transfer to another person.

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