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(영문) 서울북부지방법원 2017.07.07 2016가단134379
근저당권말소
Text

1. The Defendants, with respect to the real estate listed in the separate sheet Nos. 1 through 3 against the Plaintiff A.

Reasons

1. Basic facts

A. On April 9, 2010, E Co., Ltd. (hereinafter “E”) entered into a contract for movable property transfer to acquire the F system owned by the Defendants from the Defendants in the price of KRW 700 million in order to participate in the F projects implemented by Korea Post, and leased the F system from the Defendants around April 19, 2010 to use the F system prior to the payment date of the said movable property transfer contract.

B. The Plaintiffs provided each real estate listed in the separate sheet as collateral to secure the obligation to pay the acquisition price under the above movable transfer contract against the Defendants of the non-party company. Accordingly, the registration of the establishment of the mortgage in the name of the Defendants, as to the real estate listed in the separate sheet Nos. 1 through (3) of the separate sheet owned by the Plaintiff, was completed on April 23, 2010 by the Jungyang-gu District Court, 51226, which received on April 23, 2010, the maximum debt amount was KRW 480,000,000, the debtor was registered under the name of the non-party company and the Plaintiff, and the registration of the establishment of the mortgage in the name of the non-party company in the name of the non-party company as to the real estate listed in the separate sheet No. 4 of the attached sheet owned by the Plaintiff was completed on April 29, 2010.

B. Nonparty Company and Plaintiff A filed a lawsuit against the Plaintiffs for cancellation of the registration of creation of a collateral security against the Seoul Central District Court 2010Da319230 on the grounds that the said movable transfer contract was rescinded.

On April 7, 2011, the above court issued a ruling to recommend reconciliation that “the Defendants shall pay KRW 480,000,000 to Defendant C Co., Ltd., and KRW 240,000,000 to Defendant C Co., Ltd., by May 2, 2011, with the payment of the sum of the transfer proceeds of movable property transfer contracts and rent for lease contracts, and except the above amount, the Defendants shall not claim for the transfer proceeds and rent under the movable property transfer contracts and lease contracts,” and the above ruling was finalized on April 26, 2011.

C. Nonparty.

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