logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.05.11 2017가합101179
근저당권말소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Status 1 of the party concerned) The Plaintiff is a Ciplomatic Association located in Gangdong-gu Seoul Metropolitan Government (hereinafter “C Educational Association”).

(2) Of course, the number of units 301, 302, 304, 305, and 308 (hereinafter referred to as “each of the buildings of this case”) located in Gangdong-gu Seoul Metropolitan Government as a pastor, and, if individually named, the number of units is stated.

Each of the instant shopping districts is the owner in the name of the company, and actually is the assets of the C church (section 4 of the complaint). 2) The Defendant is the mortgagee of the instant shopping district 301 and 305.

B. On September 2014, the Plaintiff was appointed as a member of the G church located in the Gangdong-gu Seoul Metropolitan Government F, and the G church was not 1.1 billion won due to its debt, and it was impossible to operate the G church in a normal manner without resolving the debt. Accordingly, the Plaintiff, after consultation with the head of the C church, combined with the C church, and the C church was merged with the G church, but the gender union used new dividends of the G church, and sold each of the instant shops decided to pay the debt of the G church. 2) The Plaintiff became aware of the G church’s new C church, and entered into a sales contract with the K Co., Ltd. (hereinafter “K”) operated by the J on December 18, 2014 and each of the instant shopping districts as the following agreed terms:

(hereinafter “instant sales contract”). 1. Sales amount: 1.1 billion won

2. Contract deposit: one hundred million won.

3. Balance: 1 billion won will be paid on January 30, 2015.

4. The balance to be paid by K shall be notarized after preparing a written agreement on trading (attached to a trust deed of SK and management of specific funds).

5. Before the transfer of ownership, the Plaintiff will deliver all the documents related to the establishment of the right to collateral security required by K.

3 The J made the instant sales contract by deceiving the Plaintiff that the money trusted to SK Securities was 20 billion won in cost, and concluded the instant contract, and then it was thought that each of the instant commercial buildings was used for other business funds by taking out loans as security.

I At the J side, H is each of the instant cases on the part of the Plaintiff.

arrow