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(영문) 수원지방법원평택지원 2015.08.21 2013가합3424
유치권부존재확인
Text

1. As to each real estate listed in the separate sheet:

A. Construction cost of KRW 197,00,000 to Defendant B.

Reasons

1. Basic facts

A. The Plaintiff’s Intervenor (hereinafter “Supplementary Intervenor”) was a shareholder of F Co., Ltd. (hereinafter “F”) and the representative of the director, who is the Plaintiff’s Intervenor. The Plaintiff’s Intervenor operated each real estate listed in the separate sheet owned by the Intervenor (hereinafter “instant real estate”). The real estate listed in paragraph (3) of the separate sheet was “instant building” and “the instant real estate” on the ground level (hereinafter “instant private teaching institute”).

B. Around April 2012, the network C (hereinafter “the network”) established H (hereinafter “H”) a company (i.e., the representative director of G) with respect to the operation of the private teaching institute for entry into the business as a club, and (ii) on April 9, 2012 between the Intervenor and the Intervenor on April 27, 2012, concluded a sales contract that purchases all of the rights to the private teaching institute’s operating rights, including each of the instant real estate and the F Shares owned by the Intervenor, with total purchase price of KRW 2.6 billion (the balance of KRW 30 million, KRW 831 billion, KRW 1.73 billion, KRW 1.79 million, KRW 1.79 million, KRW 1.79 million, the national bank loans).

However, as the relationship that G was registered as the representative director of H, the deceased concluded the above sales contract in the name of G between the supplementary intervenor and the supplementary intervenor.

(hereinafter “instant sales contract”). C.

However, the Deceased did not pay the remainder of the sales price with only KRW 30 million paid the down payment to the auxiliary intervenor, and the Intervenor notified G on May 25, 2012, July 10, 2012, and July 27, 2012 that “the instant sales contract is terminated on the ground that the Intervenor did not comply with the promise to pay the remainder by May 9, 2012.”

The Intervenor and F are the subsidiary banks of the National Federation of Fisheries Cooperatives (hereinafter referred to as the "National Federation of Fisheries Cooperatives") around September 28, 2012.

In order to secure the above loans to the supplementary intervenor and F, the non-party bank extended a total of KRW 1.83 billion to the national bank. The non-party bank repaid the loans to the supplementary intervenor and F. The non-party bank on September 28, 2012.

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