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(영문) 광주지방법원순천지원 2017.07.05 2016가단72843

근저당권말소

Text

1. As to real estate listed in [Attachment C] 3 and 4:

A. Defendant A Co., Ltd.

Reasons

1. Basic facts

A. On March 2012, the Plaintiff decided to grant subsidies of KRW 300,000,000,000 for national expenses of KRW 250,000,000 for military expenses and KRW 50,000,000 (hereinafter “instant subsidy”) to the projects for modernization of manufacturing facilities by CFC (hereinafter “instant subsidized projects”).

B. On September 20, 2012, CF commenced construction of a building listed in Articles 3 and 4 of the attached Table (hereinafter “instant building”) on the land listed in paragraphs 1 and 2 of the attached Table (hereinafter “instant land”). On October 18, 2012, the instant land was provided as security to Defendant A Co., Ltd. (hereinafter “Defendant A”) and completed the registration of establishment of a mortgage on the instant land with the maximum debt amount of KRW 984 million, the debtor CFF, and the mortgagee A.

C. On November 5, 2012, C agricultural partnership filed a claim with the Plaintiff for the progress payment of KRW 150 million out of the instant subsidy for the support project for industrialization of traditional efficacy food. On November 6, 2012, the Plaintiff paid KRW 150 million to C agricultural partnership subsidies to the Plaintiff.

C Agricultural Partnership completed the completion inspection on the instant building on February 26, 2013, and on February 27, 2013, on the following day, requested the Plaintiff to pay the remainder of KRW 150 million out of the instant subsidies. On February 28, 2013, the Plaintiff paid KRW 150 million to C Farming Partnership.

E. C. On July 1, 2013, the instant building was additionally established with Defendant A as a collateral for the right to collateral security on the instant land, and on the same day, the instant building was added to the collateral security on the instant land, which was established by adding the maximum debt amount of KRW 984 million, the debtor C.C., and the Defendant A.