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(영문) 수원지방법원 2017.08.10 2016가단535421
근저당권말소
Text

1. As to the real estate listed in Section 1 of the Schedule to the Plaintiff Company A:

(a) Defendant C, D, E, F, and G.

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet No. 1 (hereinafter “real estate No. 1”), Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) and Plaintiff B completed the registration of transfer of ownership on August 22, 2016 with respect to each real estate listed in the separate sheet No. 2 through No. 6 (hereinafter “instant real estate”).

B. As to each real estate of this case, the registration of creation of a mortgage (hereinafter “mortgage of this case”) was completed on February 8, 2002 with the maximum debt amount of KRW 450 million, the debtor H, the debtor H, the mortgagee I, the plaintiff I, B, the defendant D and J (after the name of the person: K).

C. On May 7, 2003, L of the instant Claim Nos. 1 and 3: (a) L of the instant Claim Nos. 112,500,000 with respect to the shares transferred by Defendant D among the instant Claim Nos. 1 and 3; and (b) on May 6, 2003 with respect to the shares transferred by Defendant D as the mortgagee of the instant Claim No. 112,50,000; and (c) on September 16, 2013, Plaintiff B completed the registration of partial transfer of shares on the ground of transfer on May 19, 204 with respect to the shares transferred by Defendant D among the instant Claim No. 1 and 3. (b) On November 26, 2004, C of the instant Claim No. 112,50,000 with respect to the shares transferred by Plaintiff as the transfer on the ground of transfer on the ground of the instant Claim No. 1 and completed the registration of partial transfer on November 19, 2004.

3) On December 4, 2013, Plaintiff B completed the entire share transfer registration with respect to K’s share among the instant collateral security rights. D. L on May 7, 2003, on the ground of the transfer amounting to KRW 112,50,00, and KRW 112,500 as to Defendant D’s share among the instant collateral security rights, on May 6, 2003, Plaintiff B completed the registration of partial transfer of the share ownership on the ground of transfer on May 6, 2003.

Plaintiff

B On September 16, 2013, on the instant collateral security, on June 18, 2013, the entire registration of transfer of shares based on the transfer of finalized claim was completed.

2) On December 4, 2013, Plaintiff B completed the entire registration of the transfer of K’s share in the instant collateral security (mortgage) E on December 22, 2014.

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