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(영문) 서울행정법원 2017.08.11 2017구합1186
부당해고구제재심판정취소
Text

1. On January 5, 2017, the National Labor Relations Commission rendered unfair relief between the Plaintiff and the Defendant’s Intervenor on January 5, 2016.

Reasons

1. Details of the decision on retrial;

A. The Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) was a corporation established for the purpose of enhancing the agricultural productivity of farmers and promoting the expansion and facilitation of the distribution of agricultural products produced by its members pursuant to the Agricultural Cooperatives Act, and providing technology, funds, information, etc. required by its members, and engaged in credit business such as fund loans.

Since joining the Intervenor on November 1, 1989, the Plaintiff carried out the loan business as an exaggerated agent.

B. On June 29, 2010, the Plaintiff handled the business of providing loans of KRW 1,600,000,000 as collateral for the entire land and buildings, etc. (hereinafter “instant secured real estate”) owned equally between C and D to C on the basis of the entire land and buildings, etc. of Seo-gu Incheon Metropolitan City (hereinafter “instant secured real estate”), and in accordance with the Intervenor’s work guidelines, the value of the secured real estate should be calculated as 75% at the market price of each of the above secured real estate, but the amount exceeding KRW 274,192,00 should be calculated as 85% at the market price of the secured real estate, thereby resulting in the risk of property damage

C. The entire secured real estate of this case was registered to establish the mortgage of KRW 2,080,000 on June 25, 2010 with the maximum debt amount received on June 25, 2010 for the purpose of securing the above loan claims against the Intervenor C, etc.

C When the above loans were overdue, the auxiliary intervenor applied for an auction to exercise the security right as to the entire real estate of this case, and accordingly, the auction procedure for the instant secured real estate was commenced as F of the Incheon District Court on May 10, 2012.

However, on September 24, 2013, the Intervenor renounced the part concerning D’s share 1/2 of the registration of the establishment of a neighboring mortgage on the entire real estate of this case, and withdrawn the part concerning D’s share 1/2 of the application for auction for the execution of the said security right.

Therefore, the above auction is on C's share 1/2 of the secured real estate of this case.

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