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(영문) 서울고등법원 2014.10.16 2014나2005775
가등기에 의한 본등기 이행 청구
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

Basic Facts

On April 19, 2012, the Defendant, at the request of the Bank Co., Ltd. (hereinafter “Korea Bank”), which is a collateral security (hereinafter “each of the instant real estate”) with respect to each of the instant real estate listed in the separate sheet owned by it (hereinafter “each of the instant real estate”), started voluntary auction procedures for Suwon District Court Branch Branch DD, and on May 28, 2013, the Defendant decided to permit the sale of each of the instant real estate in KRW 2,826,99,900 to Non-Wnb Bnb Oil, which was decided to sell each of the instant real estate at a higher price than the above sale price to the third party.

On June 3, 2013, when the Plaintiff entered into a sales contract with the Defendant to purchase each of the instant real estate in KRW 3.3 billion from the Defendant, the Plaintiff: (a) cancelled the right to collateral security (hereinafter “each of the instant senior collateral security interests”) of the Bank; and (b) replaced the cancellation of the instant voluntary auction; (c) instead of paying the remainder of KRW 1.98 billion, the Plaintiff’s other obligations related to the Plaintiff’s share on the registry of each of the instant real estate (as indicated in the table 1, 3.3 billion; hereinafter, “the instant subordinate collateral obligation”); and (d) in the sense of including the obligation with respect to the said Bank, the amount of the registered collateral obligation at the time of injury can be confirmed to have been the total amount of the outstanding debt amount of KRW 3.3 billion,000,000,000,000,0000,000 in total, more than the obligees’s debt amount of KRW 3.1,531,000,00.

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