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(영문) 수원고등법원 2020.02.05 2019나14413

근저당권말소

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1. The Plaintiff’s appeal against Defendant Incorporated Agricultural Company B and the Plaintiff’s exchange change in the trial.

Reasons

Basic Facts

A. On March 23, 2017, the Plaintiff sold each of the instant lands to E Co., Ltd. (former trade name: F Co., Ltd.; hereinafter “E”) for KRW 1.1 billion (hereinafter “instant sales contract”), and received KRW 1.1 million down payment from E on the same day.

B. As to each of the instant land, the registration of the establishment of the mortgage of Defendant D and C (1/2 equity) was completed on March 24, 2017, the maximum debt amount of KRW 700 million, the debtor E, and the mortgagee B, and the right to collateral security of this case (the registration of the establishment of the mortgage of this case), and the additional registration of the transfer of the right to collateral security of Defendant D and C (1/2 equity) was made on the ground of the transfer of the confirmed claim on January 22, 2018, thereafter.

6. On the grounds of error in the application on 15.15. The mortgagee was corrected from “Defendant D, C (Each 1/2 equity interest),” to “Defendant C, and D.”

[2] On the 31st of the same month, with respect to the share 2/14 of the shares in Defendant D and C, the additional registration of the transfer of the right to collateral security made by Defendant B on the 30th of the same month (the same year)

6. 15. The purpose of this case’s error of application was to “part transfer of collateral security” and the cause of registration was to “part transfer of credit security,” and the amount of transfer was to “100 million won,” respectively.

(3) The same year;

6. On the 7th of the same month, the transfer amount was KRW 100 million, and the supplementary registration of partial transfer of the right to collateral security by Defendant B was completed on the grounds of partial transfer of the right to collateral security.

[Ground of appeal] The plaintiff asserted that Gap's evidence Nos. 1 through 3 and 7 (including a serial number) were written, the testimony of the witness H of the court of first instance, and the purport of the whole pleadings, and the plaintiff's assertion 1 at the time of conclusion of the contract of this case, upon receiving a request from E to set up a collateral security amount of KRW 11 million as a security, and accepting the request, affixed a seal to the collateral security right holder, the debtor, and the maximum debt amount, and the documents.