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(영문) 부산지방법원 2014.04.18 2013가합3180
근저당권설정등기 말소
Text

1. The defendant shall not exceed KRW 7,194,869,312 within the extent not exceeding 13 billion from the plaintiffs and KRW 6 billion among them.

Reasons

1. Basic facts

A. The party status Plaintiff A is the owner of each real estate listed in the separate sheet No. 1, Plaintiff B, and Plaintiff C as the owner of each real estate listed in the separate sheet No. 3 (hereinafter “each real estate of this case”) listed in the separate sheet No. 1, and the Defendant is the creditor against Nonparty E Co., Ltd. (hereinafter “Nonindicted Company”).

B. The Defendant, in the presence of F on January 30, 2012, entered into an investment agreement and set up a right to collateral security (hereinafter “instant agreement”) under the following investment agreements with the Defendant and five other parties (hereinafter “instant agreement”).

(2) The Plaintiffs signed and sealed the Non-Party Company’s performance guarantee (hereinafter “Non-Party Company’s performance guarantee”). The representative director G of the Non-Party Company is “A” and the Defendant and five other persons are “B”. Article 1 [Agreement Purpose (Investment)] of the Agreement is the HPT Implementation Corporation (hereinafter “instant Project”).

The purpose of Article 3 (Obligation A) (1) is to prescribe basic matters concerning the rights and obligations between A and B by winning all incidental and welfare facilities, including land, apartment and commercial buildings, and commercial buildings, and to successfully conclude the project. Article 3 (Duties of A) (1) is fully responsible for the lien, sale, construction, and enforcement set forth in the notice of public auction. (2) Although Article 3 (6,00,000,000 of the investment principal is written to B as “ 6,000,000,000” under the investment agreement as provided for in subparagraph 1 of paragraph (1), it is clear that “ 6,00,000,000” is not only written in Korean but also written as “ 6,00,000,000”.

It shall be paid KRW 3,00,000 for foreign investment dividends ( s 3,000,000).

(3) A shall pay 10% of the equity interest of a corporation to be awarded a successful tender to B.

(4) In order to secure the investment and dividends to B, A shall set up a collateral security at KRW 13,000,000,000,000 for each of the real estate in this case, with respect to each of the real estate in this case.

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