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(영문) 서울중앙지방법원 2015.08.21 2014가합555925
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 2013, the Plaintiff entered into a contract with C, the representative director of a stock company B (hereinafter “B”) to sell each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) at KRW 650 million (hereinafter “instant sales contract”).

The instant sales contract provides that “1. 350 million won is loaned from an enterprise bank in the name of the Plaintiff and succeeds to C when a change in the name is made.” The remainder KRW 300 million is paid on April 30, 2014. At least two guarantors submit a letter of guarantee (the security for KRW 300 million is submitted to the Defendant).”

B. On November 27, 2013, the establishment registration of a mortgage in the name of the debtor, the plaintiff, the maximum debt amount of KRW 420 million was completed. On the same day, the establishment registration of a mortgage in the name of the debtor B, the maximum debt amount of KRW 300 million, and the grounds for registration entered into a contract dated November 15, 2013 (hereinafter referred to as the "establishment registration of a mortgage in the instant case"), which is based on the establishment registration of a mortgage in the name of the defendant, as stated in the purport of the claim in the name of the defendant as of November 15,

(C) Each one has been completed. 3. [Grounds for recognition] without dispute, entry in Gap evidence 1, 2, and 3 (hereinafter referred to as "with several numbers"), and the purport of the whole pleadings.

2. Determination as to the cause of action

A. On September 2013, the Plaintiff’s assertion that B, whose representative director is 1 C, traded agricultural products with the Defendant, whose main business is food materials distribution business, and that B received goods payment from the Defendant through false goods trading, etc., due to a criminal complaint filed by the Defendant, known to the Defendant on or around September 2013, upon which C requested the Defendant to withdraw the above complaint, and due to false transactions, etc. with the Defendant.

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