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(영문) 전주지방법원정읍지원 2015.06.17 2014가합883
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Sale of each real estate listed in the separate sheet 1) each real estate listed in paragraphs 1 and 4 of the separate sheet 1 (hereinafter “D land” and “E land according to the lot number”).

A) F, a mortgagee of the right to collateral security, filed an application for a voluntary auction on each of the above immovables with this court G. At the above auction procedure, the Plaintiff purchased D land on February 21, 201, and H forest land on September 26, 2011, the Plaintiff’s husband, respectively. 2) K, a mortgagee of each real estate (hereinafter “I land” and “J land”) listed in attached Tables 2 and 2 and 3, filed an application for a voluntary auction on each of the above immovables with this court L, and H’s co-inheritors purchased the above real estate on February 1, 2012 at the above auction procedure.

B. On December 14, 2011, N entered into a sales contract with N on September 26, 201, with respect to the transfer and acquisition of a business right (i.e., a contract for transfer and acquisition of a business right) on which N made a loan toO on December 14, 201, with the maturity of payment of KRW 600 million as the collateral for H’s forest land. Accordingly, M entered into a sales contract with N on April 5, 201, and paid KRW 100 million down payment to N on the same day.

3) On September 26, 2012, H representing the Plaintiff and M was P at the time when the representative director was represented by the Defendant (the representative director at the time was P).

) A contract for transfer and acquisition of business rights (hereinafter referred to as “instant transfer contract”) between the Corporation and the Corporation.

The contents of the instant case are as follows. 3. Payment of land price: (1) The Defendant shall transfer to M KRW 270 million (excluding bank loans, KRW 30 million in the purchase price of D land to the Plaintiff, and transfer ownership to each owner’s account.

(2) A KRW 100 million which H did not pay to N in connection with the land N shall be paid to N by the Defendant.

4. Payment of the price for transfer and acquisition of business rights, other than the price for land, by the defendant, at the same time as the transfer of ownership of the above land.

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