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(영문) 대전지방법원 2014.07.16 2013가합3471
근저당설정등기말소 등
Text

1. On October 8, 2012, the real estate stated in attached Tables 1, 2 and 3 between the Plaintiff (Counterclaim Defendant) and the Defendant Company B is related to the real estate stated in attached Tables 1, 2 and 3.

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Basic facts

A. The Plaintiff’s relationship 1) The Plaintiff is each of the real estate listed in the [Attachment List 1 to 5 (hereinafter “Real Estate Nos. 1, 2, 3, 4, and 5” in sequence, and the Plaintiff is collectively “each of the instant real estate.”

(2) Defendant C is a creditor of loans to Defendant B Co., Ltd. (hereinafter “Defendant Company”) and its representative director Nonparty F, and Nonparty E is an owner of each of the instant real estate.

B. On October 8, 2012, the Plaintiff concluded a contract between the Defendant Company and the Defendant Company for sale of the real estate Nos. 1, 2, and 3 in KRW 900 million. The down payment amount of KRW 300 million on the day, and the remainder of KRW 600 million on the day, to be paid until January 9, 2013 (hereinafter “pre-sale contract”).

(1) In borrowing a loan from a creditor (Defendant Company), the said sum of KRW 300 million per day is to be borrowed by the debtor (E) as security against the Plaintiff’s property 1, 2, and 3 real estate until January 9, 2013 (this interest is obtained by deducting from the prior interest 300 million won separately determined).

(2) (2) If the obligor E fully pays KRW 300 million to the obligee (Defendant Company) on or before January 9, 2013, the obligee (Defendant Company) must terminate the establishment of the real estate offered by the obligor immediately. (3) If the obligor (E) fails to repay to the obligee (Defendant Company) by January 9, 2013, the obligee (Defendant Company) shall pay KRW 900 million to the seller (Plaintiff) after setting the price of the said real estate at the sale price of the said real estate, and transfer the real estate in which the Defendant Company created the collateral. (4) If both parties fail to perform the obligation, the obligor (E) shall be liable for all damages of the Defendant Company, and if the obligor (Defendant Company) fails to perform the obligation, the obligee (E) shall borrow the real estate borrowed.

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