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(영문) 창원지방법원마산지원 2020.01.22 2019가합101281
제3자이의
Text

1. The Defendant’s receipt of January 14, 201 on the real estate stated in the separate sheet No. 1 list by the Changwon District Court.

Reasons

On January 14, 2013, C Co., Ltd. (formerly changed: D, hereinafter “C”) created a right to collateral security (i.e., a maximum debt amount of KRW 9,071,00,000,000 against E Co., Ltd. (hereinafter “the instant right to collateral security”) by providing real estate listed in the attached Table 1 owned by it as well as machinery installed in the same real estate as E Co., Ltd. (hereinafter “E”), and (ii) providing as a collateral and obtaining a loan in accordance with the Factory and Mining Foundation Mortgage Act.

(A7-7 and B’s order number 8) On the other hand, on September 16, 2013, the Plaintiff sold the corporeal movables listed in the attached Table 2 list to C as “the machine of this case and the machinery listed in the attached Table 2 list 1 among them,” “the vertical line 2.”

The main contents of the contract of sale and purchase are as follows (A2-1, 200).

1. Item 1 of Article 1 (General Conditions) of the Ccorporeal Movables (F) as shown in Attached List 2 List 1 (F) : F, size: The method of payment of the F, 420,000,000 (Won 42,000,000 of the value-added tax base amount) 2) The method of payment of the down payment. (2) The cash (VAT) the intermediate payment of which is KRW 1,000,000,000 for the intermediate payment of the cash (VAT) at the time of the conclusion of the contract. (3) the delivery of the goods with the balance of the cash payment of KRW 5,00,000,000 for the cash (VAT) after the completion of the installation. In the event of the use of facility funds or bank loans, the bank loans are able to be confirmed to have been released. Article 20 (Transfer of Ownership) 1,000,000 for the sale and purchase of the goods.

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