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(영문) 서울서부지방법원 2016.01.15 2015가단6657

근저당권설정말소등기

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1. On August 2, 2012, the Defendant: (a) on the real estate stated in the attached list to the Plaintiff, the Yongsan District Court of Seoul Western District Court’s Busan District Court registry office.

Reasons

1. Facts of recognition;

A. The Plaintiff registered his/her business with the Plaintiff’s trade name “C” in the Plaintiff’s wife B, and operated the said individual business, and was supplied by the Defendant from January 2, 2012 to June 30, 2013.

B. On August 2, 2012, the Plaintiff and the Defendant entered into a mortgage agreement with the obligor, the maximum debt amount of KRW 300,000,000, and the mortgagee’s right to collateral security (hereinafter “mortgage agreement”). On the same day, on August 2, 2012, the Seoul Western District Court completed the registration of establishment of a neighboring mortgage (hereinafter “the registration of establishment of a neighboring neighboring mortgage”) with the Defendant as Seoul Western District Court No. 24226, Aug. 2, 2012.

C. On September 12, 2012, the Plaintiff established C Co., Ltd., whose representative director and auditor B as the Plaintiff.

C A. From December 1, 2012, Co., Ltd. traded goods with the Defendant. Around July 1, 2013, in order to secure the obligation to pay the price for goods to the Defendant, a credit guarantee certificate from the Korea Credit Guarantee Fund to KRW 300,000,000 was issued and issued to the Defendant, along with the said credit guarantee certificate.

After June 30, 2014, C Co., Ltd. received a renewed credit guarantee certificate from the Korea Credit Guarantee Fund, which provides the guarantee amount of KRW 300,000,000, and the term of guarantee as of June 29, 2015, and granted it to the Defendant.

E. C closed its business on July 1, 2013, and on August 1, 2013, C completed the full amount of the goods payment obligation against the Defendant.

F. Meanwhile, on January 3, 2011, prior to the completion of the establishment registration of the instant neighboring real estate, the Plaintiff: (a) registered the establishment of a neighboring mortgage with the debtor B and the maximum debt amount of KRW 348,00,000 to our bank; (b) registered the establishment of a neighboring mortgage with the debtor B and the maximum debt amount of KRW 240,000 to our bank on March 24, 201; and (c) registered the establishment of a neighboring mortgage with the debtor B and the maximum debt amount of KRW 240,000 to our bank on March 1