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(영문) 서울중앙지방법원 2017.03.24 2016가합549306
근저당권말소에대한승낙의사표시
Text

1. The defendant is the Seoul Eastern District Court with respect to the real estate indicated in the annexed real estate.

Reasons

1. Basic facts

A. C and Plast Timber Co., Ltd. (1) Tradeal relations between C and Plast Timber Co., Ltd. (hereinafter “Plast Timber”) are persons engaged in the manufacturing business of general timber with the trade name D, who are called “D.”

(1) each real estate indicated in the separate sheet (hereinafter referred to as “each real estate of this case”) is indicated in order to secure the obligation to pay for the goods.

(2) As to the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”), the registration of creation of a mortgage of the Seoul East Eastern District Court (Seoul Eastern District Court No. 52954, Jun. 25, 2009) consisting of the maximum debt amount of KRW 900,000,000,000, the debtor C and the

2) As of December 3, 2013, C closed down December 31, 2013, while C bears the product price liability of KRW 2,250,564,408 to Fel timber as of December 3, 2013.

B. Prior to the transfer of the instant right to collateral security (1), FIE transferred the instant right to collateral security to E on December 31, 2013, including C’s cessation date. The Seoul East Eastern District Court’s receipt of No. 458 on January 3, 2014, followed the additional registration of the transfer of the instant right to collateral security on each of the instant real estate. However, in the case of revocation of fraudulent act filed by the Korea Credit Guarantee Fund against FIE and E, the said transfer contract was revoked as a fraudulent act; on January 31, 2015, the said transfer registration was revoked upon the application of the Captain on the ground of revocation of fraudulent act by the Korea Credit Guarantee Fund; on August 11, 2015, the said transfer registration was entirely issued on August 20, 2015 with an order of attachment No. 87,313,2015, and ordered on August 21, 2015 with the obligor’s assignment order issued on each of the instant right to collateral security (hereinafter referred to Defendant).

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