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(영문) 대전지방법원천안지원 2019.08.30 2018가합103504
명의개서절차 이행청구의 소
Text

1. The defendant shall transfer the entry of golf membership in the name of the plaintiff with respect to the plaintiff.

Reasons

1. Facts of recognition;

A. On September 19, 2017, the Plaintiff entered into a pledge agreement with E on the supply of goods, and C Co., Ltd. (hereinafter collectively referred to as “participating”) concluded a pledge agreement on the following golf membership (hereinafter referred to as “the instant golf membership”) with the pledgee, E, and pledgee as the surety’s surety to secure the above obligation as of the same day on the same day, as the Seoul Rehabilitation Court 2018 Ma100203 decided October 15, 2018, which was initiated and appointed as the administrator by the Intervenor as the Seoul Rehabilitation Court 2018 Mahap10203 decided on October 15, 2018, and both the Intervenor and the Intervenor were appointed as the administrator.

Article 2 [Time of Exercising Pledge] If the obligor violates or ceases to exercise the terms and conditions of the transaction of the article(PVRESIN) at the end of the following month under the terms of settlement, the obligee shall notify the obligor in writing once in the event of the obligor's breach or interruption, and if the obligor fails to pay by the due date, the obligee shall dispose of the article(s) at will without legal procedure and appropriate the proceeds for the repayment of the obligation, and if any, the difference shall be returned to the pledger.

B. On September 3, 2018, the Plaintiff sent to E a peremptory notice for the repayment of the price of goods and prior notice for the execution of the pledge (1) on September 3, 2018, the Plaintiff sent to E a peremptory notice for the payment of the price of goods up to KRW 400 million to September 7, 2018, stating that “If the price of goods is not paid despite written notice, the Plaintiff shall dispose of the instant golf membership by exercising the pledge right in accordance with the instant pledge agreement.” (2) On September 7, 2018, the Plaintiff sent the peremptory notice to the Defendant, E, and the Intervenor on September 7, 2018, regarding KRW 41 billion in the outstanding price of the goods to be paid. As such, the Plaintiff exercised the pledge right in writing with the fixed date set as the due date set on September 7, 2018.

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