logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.09.22 2014가합7661
근저당권설정등기말소등
Text

1. The part of the Plaintiff’s claim for cancellation of the registration of each right to collateral security among the lawsuits against Defendant C, D, and E is dismissed.

2...

Reasons

1. Facts of recognition;

A. The relationship 1) The Plaintiff is the owner of the instant real estate. 2) The Defendant Company B (hereinafter “Defendant Company”) (hereinafter “Defendant Company”) on March 27, 2014, is a company that completed the registration of creation of a neighboring mortgage on the instant real estate as the mortgagee on March 27, 2014 (hereinafter “registration of creation of a neighboring mortgage”).

3) Defendant C, D, and E are the persons who completed each registration of pledge right of collateral security as stated in the purport of the claim. B. Defendant C, D, and E are the persons who completed each registration of collateral security right of the Defendant Company and F’s written agreement on the undertaking of the agreement (Evidence 5) G

) and F (hereinafter referred to as “B”)

) A is a listed company as designated by A (hereinafter referred to as “subject company”).

(B) the instant real property provided by B in connection with the acquisition of the property (hereinafter referred to as “mortgaged real property”).

(i) enter into an implementation arrangement in order to achieve a new performance with respect to the provision of security as security;

1. A’s duty 1) A cooperates with B so that it can take over a new business and other company through “subject company”. 2) A must first participate in the management of the company by executing the initial funds necessary for acquiring “subject company” and give priority to securing the location as an actual subject.

(hereinafter omitted)

2. Eul's duty 1) provides the above secured real estate as a collateral necessary for acquiring the "subject company Gap," and provides Eul with a subordinate security right equivalent to about 10 billion won in preference to the secured real estate (the sum of the maximum debt amount 1-3 and the maximum debt amount 1,420,250,50,500), which is equivalent to the lower-ranking mortgage (the sum of 1-3 and the maximum debt amount 1,420,250,50). Eul as a collateral for the secured real estate, as a collateral, a person designated by Eul or Eul (including a corporation) who set up a priority on the secured real estate and set up the secured real estate as a collateral and who is designated by Gap or Eul as a collateral.

arrow