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(영문) 대전지방법원 2017.10.25 2017가합102819

근저당권말소

Text

1. As to each real estate listed in the separate sheet No. 1 to the Plaintiff:

A. The Defendant’s annual agricultural cooperative is Daejeon District Court.

Reasons

1. Basic facts

A. On October 23, 2015, the Plaintiff concluded a contract with A Co., Ltd. (hereinafter referred to as “A”) to sell various land-processing machinery (hereinafter referred to as “instant machinery”) including movable property listed in the attached Table 2 (hereinafter referred to as “each movable property of this case”) for KRW 476,184,500 in the purchase price (hereinafter referred to as “the instant contract”). The Plaintiff agreed to hold ownership of the instant machinery until the purchase price is paid in full.

B. On December 26, 2015, the Plaintiff delivered the instant machinery to A according to the instant sales contract.

C. Meanwhile, on June 7, 2016, A made an order 1. A with respect to each real estate listed in the separate sheet No. 1 against the Defendant’s non-agricultural cooperative as security for B’s obligation as representative director.

After completing the registration of the establishment of a neighboring mortgage (hereinafter referred to as the "registration of the establishment of the first neighboring mortgage of this case"), a list of machinery, etc. (No. 2016-40; hereinafter referred to as the "list No. 1 of this case") containing each of the movable property of this case was submitted pursuant to Article 6 of the Act on Mortgage of Factories and Mining Foundations.

또한 A는 2016. 10. 20. 본인의 채무에 대한 담보로 피고 주식회사 스팟라이틀리에게 별지1 목록 기재 각 부동산에 관하여 주문 제1.의 나.

After completing the registration of the establishment of a neighboring mortgage (hereinafter referred to as the “registration of the establishment of the second neighboring mortgage”) as stated in paragraph (1), a list of machinery, etc. (No. 2016-87; hereinafter referred to as the “list No. 2 of this case”) in which each movable property listed in attached table 1, 2, 4, 5, 6, and 7 was included was submitted.

【인정근거】 피고 연무농업협동조합: 다툼 없는 사실, 갑 제1, 2, 3호증(가지번호 포함)의 각 기재, 변론 전체의 취지 피고 스팟라이틀리: 자백간주

2. Determination as to the cause of action

(a)in entering into a sales contract of movable property, the seller delivers the object to the buyer before the seller receives the price in full, but the price is in full;