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(영문) 서울중앙지방법원 2016.07.11 2015가단192973
근저당권말소
Text

1. The Defendant (Counterclaim Plaintiff) is a real estate indicated in the attached Table to the Plaintiff (Appointed Party, Counterclaim Defendant) and the Appointor.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. On November 4, 200, H entered into a contract with the network H to set up a collateral security right of the maximum debt amount of the instant real estate owned by the network H with a view to securing all commercial obligations that will be currently or futurely borne by the gold industry (hereinafter “gold industry”) and completed the registration of the creation of the instant collateral security right on the 10th of the same month.

On July 1, 2003, the Defendant, which was divided into a form of business takeover from the gold industry, entered into a special agreement between the network H, which had been engaged in gold industry and the gold industry, and the network H, operating the Defendant’s I agency (hereinafter “instant agency”) to sell the products, such as typ, supplied by the Defendant (hereinafter “the instant first special agreement agreement”), and the designated parties B and J jointly and severally agreed thereon.

In addition, on September 18, 2003, the Defendant completed the registration of the establishment of the instant right to collateral security in the name of the Defendant on the ground of transfer of contract.

However, since around 2007, as the network H was unable to continue to operate its business as a branch, the designated parties B used the instant agency’s trade name as it is and operated, but the designated parties B entered into a special agreement with the Defendant on November 21, 2007 to sell the Defendant’s products supplied by the Defendant on their own name and account (hereinafter “the instant secondary special agreement transaction contract”) separately from the Defendant, and the network H and J jointly and severally guaranteed this.

In addition, the Selected B is the defendant 12.2.2.2.2.2.3 billion won of the maximum amount of the debt with respect to the building and its ground on the same day.

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