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(영문) 대전지방법원 2016.08.10 2015가단27351
근저당권말소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed in the Plaintiff’s future on June 8, 2011 as the receipt of No. 13585 on June 8, 2012 with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. On June 8, 2012, following the completion of the registration of transfer of ownership of each of the instant real estate, the registration of creation of collateral security (the maximum amount of debt C and the maximum amount of debt KRW 650 million) based on the same day contract was completed in order of the Defendant, the registration of creation of superficies based on the same day contract as the receipt of the same registration office No. 13587 on the same day (hereinafter referred to as the “registration of establishment of collateral security and superficies”), each of the above registrations was completed in the following order: (a) the registration of creation of collateral security and superficies; and (b) each of the above contracts was completed on the same day as the registration office No. 13587.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 9 and 10 (including virtual number), the purport of the whole pleadings

2. Determination

A. 1) The Plaintiff’s assertion as to invalidity of the mortgage contract and superficies contract in the instant case due to invalidity of the resolution of the general meeting of shareholders (A) was concluded by D as the representative director of the Plaintiff, registered as the representative director on the Plaintiff’s corporate register. The resolution of the general meeting of shareholders dated March 31, 2012, which was appointed as the director and the representative director, was a serious defect that did not give notice to E holding 30% of the Plaintiff’s shares, and thus, the said resolution of the general meeting of shareholders is null

In addition, the Plaintiff’s general meeting of shareholders on May 30, 2012, No. 1-B of each of the instant real estate.

A resolution to offer as security was made as described in the paragraph, and the above resolution is null and void because there is a serious defect in the F, holding 30% of the Plaintiff’s shares, with the E, 30% of the Plaintiff’s shares, and there is no notice to give notice.

Therefore, the mortgage of this case and superficies contract are null and void.

B. The defendant is the defendant.

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