logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2016.12.15 2016나21677
근저당권말소
Text

1. Revocation of a judgment of the first instance;

Defendant B shall apply to each real estate listed in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff Company is the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), Defendant B is the director and representative director of the Plaintiff Company from December 20, 2007 to December 20, 2010, and the director and joint representative director of the Plaintiff Company from December 17, 2012 to September 1, 2013.

B. As of December 20, 2010, Defendant B, who retired both the director and the representative director of the Plaintiff Company, was not appointed. On July 3, 2012, Defendant B concluded, on behalf of the Plaintiff Company, a mortgage contract with Defendant B, the debtor company, and the maximum debt amount of the instant real estate amount of KRW 1 billion with respect to each of the instant real estate on behalf of the Plaintiff Company, and completed the registration of establishment of a neighboring mortgage (hereinafter “registration of creation of a mortgage of each of the instant real estate”).

C. Defendant C and D were the Ulsan District Court 2012TTT10342, Defendant E was the head of Changwon District Court 2013TTT296, the head of Changwon District Court 2013TTT296, the head of Changwon District Court 2014TTE 2014TT383, Defendant MTE was the head of Changwon District Court 2014TTT355, the head of Changwon District Court 2014TTE 3755, and Defendant F was the head of Changwon District Court 2014TT 4890, which was the attachment decision on the secured debt of each of the instant mortgages of this case, and accordingly completed the additional registration on the establishment of mortgage of each of the instant units.

Defendant G was subject to a provisional attachment decision of the Changwon District Court under the title of Defendant B with respect to the secured claim of each right to collateral security in the name of the Defendant B, which was created on each real estate listed in the attached list Nos. 24 through 33, 35, 36, 38, 39, 40, and 47, and completed the additional registration of the establishment registration of the right to collateral security in the name of Defendant B with respect to each of the above real estate.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including each number), and the purport of the whole pleadings

2. The decision on the cause of the claim is made in accordance with Article 386(1) of the Commercial Act.

arrow