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(영문) 부산지방법원 2016.09.29 2015가합47429

근저당권말소

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant has been supplied with alcoholic beverages, etc. by a company established for the purpose of alcoholic beverage wholesale business, etc., and a subordinate beer corporation (which became a subordinate beer corporation through a change of trade name, division and merger, etc.; hereinafter the same shall apply) and sold them to its customers.

The plaintiff was appointed as the defendant's director from March 11, 2007, and from August 29, 2008 to November 10, 2009.

B. On June 8, 2007, the Plaintiff, while serving as the Defendant’s director, set up a collateral security and superficies (hereinafter “mortgage, etc.”) on the land owned by the Defendant in Yangsan City Co., Ltd (hereinafter “instant land”) in order to secure the Defendant’s obligation to pay for alcoholic beverage sales in the present or future.

C. On September 16, 2009, the Plaintiff entered into a contract with D, E, and F (hereinafter referred to as D, etc.) for transfer of management rights with the Defendant’s stocks held by the Plaintiff and the Defendant (hereinafter referred to as the “management right transfer contract of this case”). On November 10, 2009, the registration of dismissal of the representative director was completed for the Plaintiff as of November 10, 2009.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment on the primary cause of the claim

A. The Plaintiff, as the Plaintiff was employed as the Defendant’s director, offered the instant land to Harter as a collateral for the above loan obligation, but on September 16, 2009, transferred management rights to D, etc., and was dismissed from the Defendant’s director on November 10, 2009.

Since the above change occurred after the plaintiff's offer of collateral, the defendant has a duty to extinguish the right to collateral security, etc. of this case on the above land by providing it with a security to replace the land of this case.

Nevertheless, the Defendant’s instant collateral security, etc. from November 10, 2009 to December 31, 2015.