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(영문) 서울고등법원 2016.03.25 2015나20447
근저당권말소등기의 부인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

Basic Facts

On January 10, 2008, A Co., Ltd. (hereinafter “Bankruptcy Debtor”) changed its trade name from “C” to “A”.

In 201, the main business of leasing and developing real estate was established, and the business of selling and maintaining the facilities of the "D shopping mall" located in Jung-gu Incheon, Jung-gu, Incheon, was engaged in the business of selling and maintaining the facilities of the shopping mall.

On December 31, 2004, the defendant entered into a service contract with the bankruptcy debtor who had been in excess of the debts as of December 31, 2004.

The service contract between the defendant and the debtor in bankruptcy was terminated on November 1, 2005, and the defendant filed a claim against the debtor in bankruptcy for the payment of unpaid service costs, etc.

The bankruptcy debtor has continued to run the business in 2007, which has already reached the debt amount of 98.2 billion won and the asset amount of 68.0 billion won.

On December 6, 2009, F Co., Ltd., the parent company of the debtor of bankruptcy, held a temporary general meeting of shareholders on December 6, 2009. The cumulative shareholders of the debtor of bankruptcy, from 2002 to 2009, reached KRW 30.5 billion for 7 years from 2002 to 2009, and it is impossible to normalize the operation of the company due to the shortage of operating funds. Therefore, the above agenda was resolved with the consent of all shareholders present.

On December 17, 2009, the Defendant concluded each contract to establish a mortgage (hereinafter “each of the instant mortgages”) with respect to each of the instant real estates listed in the separate sheet owned by the bankrupt debtor (hereinafter “each of the instant real estates”), with the maximum debt amount of KRW 1.5 billion. On December 18, 2009, the Defendant completed the registration of establishment of a mortgage (hereinafter “registration of establishment of each of the instant real estates”) with respect to each of the instant real estates under Article 58084 of the Incheon District Court’s East Incheon District Court’s receipt registry office (hereinafter “registration of establishment”).

On November 20, 2012, the bankrupt debtor is the Incheon District Court 2012Hahap7.

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