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(영문) 창원지방법원통영지원 2016.05.04 2015가합10734
근저당권말소
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The pertinent Plaintiff is the owner of each of the instant real estates listed in the separate sheet.

Defendant B served as the representative director of the Plaintiff from December 20, 2007 to December 20, 2010, and concurrently served as H from December 17, 2012 to September 1, 2013.

B. On August 9, 2012, the Changwon District Court Daowon District Court No. 39255, which was received on each of the instant real estate in the instant case, established the right to collateral security (hereinafter referred to as the “right to collateral security”). (c) Defendant C and D obtained the attachment of each of the instant collateral security claims and additional registration of the establishment of each of the instant collateral security claims under the name of the court 2012 other 10342, U.S. District Court 2013TT296, Defendant Cho Changwon District Court 2014TTTT293, Defendant M&D Co., Ltd. 3383, the above court 2014TTN had completed the provisional attachment registration under the name of the court 2014TTN375, and Defendant FF obtained the decision to establish each of the instant collateral security claims under the name of the court 2014TN384, each of the instant claims under the name of each of the instant parties 36.

2. Determination as to the cause of action

A. Defendant B, who is the cause of the claim, serves as the representative director of the Plaintiff, does not obtain the approval of the board of directors under Article 398 of the Commercial Act with respect to each of the instant real estate owned by the Plaintiff.

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