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(영문) 대전지방법원 천안지원 2018.12.14 2018가합101027
승낙의사표시 청구의 소
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1. The Defendants are the Daejeon District Court's branch offices in ASEAN with respect to each real estate stated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. E Co., Ltd. completed the registration of creation of a new mortgage on each real estate listed in the separate sheet (hereinafter “instant real estate”) with the maximum debt amount of KRW 2,600,000,000 as well as the debtor F Co., Ltd. as the debtor F Co., Ltd. as the Busan District Court Branch of the Daejeon District Court No. 46153, Sept. 21, 2007.

On May 7, 2009, E transferred the above right to collateral security to G Co., Ltd. (former Bankrupt A Co., Ltd.; hereinafter referred to as “A”) on the ground of transfer of contract, and A completed the registration of collateral security by the receipt of the same registry office on June 16, 2009.

H Limited Company entered into a contract with A on January 4, 2012 on the transfer or acquisition of the secured claim of the instant right to collateral security, and completed the registration of transfer of the right to collateral security in the future of H Limited Company (No. 26034) with the same registry office on April 23, 2012.

(hereinafter referred to as the “mortgage” of this case, which was created and transferred by E, and registered as the “mortgage creation registration of this case”). (B)

A concluded a pledge agreement on the instant secured mortgage on April 23, 2012, and accordingly completed the registration of the pledge right of the instant secured mortgage (hereinafter “registration of the instant secured mortgage”) on April 23, 2012 with the obligor H-limited company as a supplementary registration of the instant secured mortgage.

C. A filed an application for a voluntary auction on the instant real estate, and on April 13, 2012, an auction on the instant real estate (hereinafter “instant auction”) was conducted with the Daejeon District Court Support I.D.

During the above auction process, J Co., Ltd. (hereinafter “J”) was the highest bidder. On February 26, 2013, HB limited liability company, which is a major shareholder of HH limited liability company, was the highest bidder. On February 26, 2013, HB limited liability company, bears the debtor FF corporation with respect to HH limited liability company, instead of paying purchase price.

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