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(영문) 서울고등법원 2016.02.18 2015나17267
약정금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The Korea Industrial Credit Union (hereinafter “Korea Industrial Credit Union”) (hereinafter “Korea Industrial Credit Union”) will acquire a right to collateral security and commence an auction procedure for the first time.

(D) On January 28, 2011, an agricultural corporation limited liability company D (hereinafter “D”).

A) A loan of KRW 650 million to E, who is the representative director, is the spouse of P, who is a director and shareholder of D at the time of F. A total of KRW 13,443 square meters in total, including Gyeonggi-do G, H, I, J, K, L, M, and N (after that, each land became 13,443 square meters in G land following a change of land category on December 20, 201 and a merger on December 23, 2011.

The land before and after the merger is referred to as “the instant land.”

As to the maximum debt amount of KRW 845 million (hereinafter “instant right to collateral security”)

(2) Defendant B Co., Ltd. (hereinafter “Defendant B”) constructed each of the buildings listed in Schedule 1 through 7 (hereinafter “instant building”) on the instant land in accordance with the construction contract concluded on March 29, 201 with D on March 29, 201, and D completed the registration of initial ownership on December 21, 201.

On the other hand, D entered into a contract on January 30, 2012 with S to additionally construct each building listed in Schedule 8 and 9 attached hereto.

3) D obtained the consent to the construction of the instant building on the condition that the instant building was provided as an additional security from the Silsan Union, a person with superficies. Accordingly, on January 16, 2012, D entered into a collective security agreement which adds 7 units of the instant building to the joint collateral of the instant building, and completed the registration of the establishment of the mortgage over KRW 845 million with the maximum debt amount of KRW 45 million with respect to 7 units of the instant building on January 17, 2012, in the order of priority as to 4 units of the instant building, on May 8, 2012, on the basis of the instant collective security agreement (hereinafter “instant building 9 units”). On May 10, 2012, the Silsan Union applied for voluntary auction on the instant land and the instant attached list 1 through 9 units of the instant building (hereinafter “instant building 9 units”).

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