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(영문) 청주지방법원제천지원 2015.12.16 2014가단4640
근저당권말소
Text

1. The defendant received on May 12, 2009 from the Cheongju District Court for the real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s main business is the Plaintiff’s investment and sale related to real estate; C, the representative director of the Plaintiff, also operated Nonparty D Co., Ltd. (hereinafter “D”) and Nonparty E Co., Ltd. (hereinafter “E”); Nonparty F and Nonparty G worked as the director and director of each of the above companies, respectively.

B. Meanwhile, on the other hand, on May 12, 2009, the registration of the establishment of the mortgage on the real estate indicated in the separate sheet (hereinafter “instant real estate”) was completed by the Cheongju District Court No. 10645 on May 12, 2009 (the maximum debt amount of KRW 390,000,000, and the registration of the establishment of the mortgage on the part of the debtor, the plaintiff, and the mortgagee G) (hereinafter “the registration of the establishment of the neighboring mortgage on November 23, 201), and thereafter, on December 30, 2013, the additional registration of each transfer of the right to collateral transferred in sequence to the defendant was completed.

[Ground of recognition] Unsatisfy, Gap evidence 1, 7, Eul evidence 4 (including a tentative number), the purport of the whole pleadings

2. The parties' assertion

A. The registration of the establishment of a mortgage of the Plaintiff’s assertion does not have any legal act establishing the secured debt. Moreover, even if the secured debt of the household exists, the registration of the establishment of a mortgage of the instant case was completed in the third party, not the creditor, so the registration of the establishment of a mortgage of the instant case is null

Therefore, the defendant is obligated to implement the procedure for cancellation registration of the registration of the establishment of the neighboring mortgage of this case to the plaintiff.

B. The Defendant’s assertion F and G promised to attract a total of KRW 330,00,00 from Nonparty H, I, J, and K to return KRW 387,360,000 after three months in the status of the Plaintiff, D, and E’s employees.

However, the Plaintiff and C’s failure to implement this, thereby transferring the ownership of the shares in the land to K on behalf of the Plaintiff (hereinafter “L”) on June 1, 2009, when G was an internal director of L Co., Ltd. (hereinafter “L”).

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