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1. The Defendant received on January 30, 201 from the Gwangju District Court Youngam Registry as to the real estate stated in the attached Form from the Plaintiff.
Reasons
1. Basic facts
A. On November 14, 2011, the Plaintiff: C Co., Ltd. (the representative director shall be D (hereinafter “D”)
(C) Of the businesses of Korea, the company is established to take over and manage part in the manufacture and sale of ready-mixeds, and the Defendant is a company that runs the business of collecting aggregate soil and sand established by D on May 15, 2013.
B. On November 18, 2011, C entered into a business transfer and takeover agreement with the Plaintiff with the effect that “A transferred (C) transfers all of the claims and obligations, business rights, human composition (employee), and physical composition (real estate and movable property) possessed by a transferor (C) to the transferee (Plaintiff), and the transferee acquires them.”
(hereinafter referred to as “instant transfer contract”). C.
C On January 30, 2012, E Co., Ltd. (the representative is F; hereinafter referred to as “E”) entered into a mortgage agreement with the debtor C, mortgagee E, the maximum debt amount of 400,000,000 won with respect to the real estate indicated in the separate sheet (hereinafter referred to as “instant real estate”). On the same day ( January 30, 2012), E completed the registration of the establishment of a neighboring mortgage (hereinafter referred to as “instant collateral security”) with regard to the instant real estate as indicated in the Disposition No. 1, and on the other hand, on February 15, 2012, E completed the registration of the ownership transfer for the instant real estate to the Plaintiff on the grounds of sale as of December 19, 2011.
On the other hand, on August 5, 2014, the registration of the transfer of the right to collateral security was completed in the name of the defendant on the ground of the "transfer of the confirmed claim on December 10, 2013" by the Youngam District Court Receipt No. 13089 of Youngam District Court (No. 13089).
[Ground for recognition] Unsatisfy
2. The assertion and judgment
A. Determination as to the cause of the claim 1) Evidence A Nos. 5, 7, and 11 of the evidence as seen earlier (each number is included in the number; hereinafter the same shall apply)
the following are known by addition to each description of the witness G and the overall purport of the testimony and pleading of the witness G.