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(영문) 수원지방법원 2015.11.27 2014가합67501
근저당권말소
Text

1. As to real estate listed in the separate sheet:

A. It was concluded on September 16, 201 between Company A and the Defendant.

Reasons

1. Basic facts

A. On June 201, the Defendant: (a) received a request from C, the president of a stock company A (hereinafter “A”) who was known to the general public from the Financial Supervisory Service, to cooperate with C, “A, only for a period of two months, for which it received management diagnosis from the Financial Supervisory Service; and (b) as if the real estate in the separate sheet, the Defendant owned by the Defendant (hereinafter “instant real estate”) was offered as security.”

B. Accordingly, as to the instant real estate owned by the Defendant on June 29, 2011, A completed the registration of creation of a neighboring mortgage with the obligor D (hereinafter “D”) and the maximum debt amount at KRW 5.25 billion, as the Seoul Central District Court received by the Deputy Registry of the Seoul Central District Court No. 29516, Jun. 29, 201.

hereinafter the above contract is called the "mortgage creation contract of this case" and the "mortgage creation registration of this case".

C. After that, upon the Defendant’s request for cancellation of the right to collateral security, A completed the registration of cancellation on September 16, 201 on the ground of the termination contract, No. 40591, the Seoul Central District Court’s receipt of the Seoul Central District Court’s Branch Office, No. 40591, Sept. 16, 2011.

The above termination contract is "the cancellation contract of this case" and "registration of cancellation of the right to collateral security of this case".

(d) On September 18, 2011, A was subject to business suspension by the Financial Supervisory Service, and thereafter was declared bankrupt on August 31, 2012 by this Court No. 2012Hau23, and the Plaintiff was appointed as a trustee in bankruptcy on the same day. [The fact that there is no dispute over the grounds for recognition, Gap’s 1, 3, Eul’s 1, 1-2, and Eul’s 2 through 5, and the purport of the entire pleadings, E’s testimony, and the whole purport of each of the arguments.

2. Determination as to the cause of claim, etc.

A. Article 100(1)4 of the Debtor Rehabilitation and Bankruptcy Act regarding the cause of the claim (hereinafter “ Debtor Rehabilitation Act”) provides that “Any gratuitous act performed by the debtor within six months prior to the suspension of payment, etc., or within six months prior thereto.”

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