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(영문) 의정부지방법원고양지원 2017.11.23 2016가단23086
근저당권말소
Text

1. The Defendant: (a) on real estate stated in the attached list to the Plaintiff, the registration of port branch court in Daegu District Court and the registration of port branch court on November 26, 2014.

Reasons

1. The facts acknowledged B, along with D, entered into a contract with the Defendant operating an insurance agency around November 2014 on the establishment of a port point (hereinafter “instant agency contract”) (hereinafter “instant agency contract”), and completed on November 26, 2014 with respect to the real estate listed in the attached list of the Plaintiff in the name of the Plaintiff (hereinafter “instant real estate”) in order to secure obligations arising in relation to the port point in accordance with the Guarantee Management Regulations, etc., which serve as the terms of the said agency contract, with respect to the real estate registered in the attached list of the Plaintiff in the name of the Plaintiff (hereinafter “instant real estate”).

In addition, on December 1, 2014, if the instant agency contract is not maintained for five years, B and the Defendant agreed to pay compensation for damages of KRW 200 million to the other party (hereinafter “liability agreement”).

However, B and D, the joint representatives of port ports, agreed to establish a new branch around April 2015, and D up to the end of June 2015, 2015, D up to the first office, etc., and B leased another office ( Address: F building in Southern-gu and 3th floor at port, hereinafter “the above office”) and operated the business as “G branch” of the Defendant.

D around July 1, 2015, around July 1, 2015, the Defendant prepared and executed a business plan for the operation of a new port point to the Defendant, accompanied by a written confirmation of business policies, and had the Defendant completed the registration of the establishment of a mortgage over KRW 50 million with respect to H-owned real estate in order to secure the obligation to be incurred at a new port point to be operated by D.

However, the establishment of a new port point does not proceed smoothly, and D does not want to enter into an agency contract to the defendant in early August 2015, but does not want to enter into the contract. Therefore, real estate in H's name is established.

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