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(영문) 서울고등법원 2017.03.21 2016나2054214 (1)
전부금
Text

1. The judgment of the court of first instance is to be made in accordance with the purport of the claim made by the court of this court in the Plaintiff A and Han Il Gas Woo.

Reasons

Basic Facts

On March 11, 2009, the E Co., Ltd. (hereinafter “E”) entered into a sales contract for each real estate listed in the attached Table 1 list and the ownership transfer E Co., Ltd. (hereinafter “E”) with the Defendant and sold each real estate listed in the attached Table 1 List of Real Estate owned by E (hereinafter “each real estate of this case”) for KRW 1.5 billion to the Defendant, but the purchase price is to be paid on the date of conclusion of the contract (hereinafter “instant sales contract”).

E, on March 13, 2009, without receiving the full payment from the Defendant, completed the registration of ownership transfer on each of the instant real estate in the future.

As to each of the instant real estates, the Defendant, on April 24, 2009, completed the establishment registration of a neighboring mortgage with the debtor, the mortgagee, the Industrial Bank of Korea, the maximum debt amount of KRW 3.6 billion, ② on March 28, 201, the establishment registration of a neighboring mortgage with the defendant, the mortgagee A, and the F, the maximum debt amount of KRW 80 million, ③ on September 2, 2013, the establishment registration of a neighboring mortgage with the debtor, the mortgagee A, and the maximum debt amount of KRW 1.32 billion (hereinafter collectively referred to as the “registration of a neighboring mortgage”).

The final and conclusive judgment of H against a criminal judgment has been engaged in the business of managing and supervising the overall business of E (victim) from March 30, 2007, while serving as the representative director of E (victim). Therefore, there was a duty to maintain and manage assets owned by E to avoid damage.

On the other hand, H established the defendant around October 23, 2006.

The defendant tried to install the J facilities by receiving the recycling facility funds from the Korea Environment and Resources Corporation, but the Industrial Bank of Korea, which is a bank dealing with the above recycling facility loan, is the real estate owned by the defendant in the commercial site of the Industrial Bank of Korea.

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