근저당권이전등기 말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff, under the trade name B, engaged in the distribution and sale of functional health foods, etc., and established B Co., Ltd. (hereinafter “Plaintiff”) on April 11, 2014, and held office as the representative director. The Defendant is a company for the purpose of manufacturing and selling medicines.
B. The Plaintiff and the Defendant entered into a continuous contract for the supply of goods (hereinafter “instant contract”) with the effect that functional health foods, etc. are supplied to the Plaintiff as the main trademark attachment method (OEM) and the manufacturer development and production method (ODM).
C. After the conclusion of the instant contract, the Plaintiff entered into an agency contract with C Co., Ltd. (hereinafter “C”) on January 201, 2013, and completed the registration of creation of a collateral security right (hereinafter “mortgage first security right”) with the Plaintiff, which is jointly owned by D, the actual operator of C and C, on January 11, 2013, with respect to the Busan Seo-gu Busan, Busan, the maximum debt amount of which is KRW 120 million, and the 10 million maximum debt amount as to the 1st floor above the ground, and the 3rd floor above the ground (hereinafter “real estate first”) which is owned by D, the actual operator of C and C, as the Plaintiff.
The Plaintiff entered into an agency contract with F and B Busan on January 2, 2013, and completed the registration of creation of a collateral security (hereinafter “second collateral security”) with respect to F and Busan G apartment 105 Dong-dong 901 (hereinafter “second collateral security”) owned by F, Busan on January 2, 2013, with the maximum debt amount of KRW 100 million and the mortgagee as the Plaintiff.
On January 14, 2013, the Plaintiff transferred each secured claim of the first and second collateral set forth in the first and second collateral mortgages to the Defendant on January 14, 2013 in order to secure the obligation to pay the goods to the Defendant under the instant contract, and completed additional registration of the transfer of the right to collateral security to the Defendant, changing each of the secured claims of the first and second collateral mortgages to the Defendant on January 17,
E. On July 3, 2013, the Plaintiff’s inventory of H, I, and J products produced by the Defendant upon the order of the Defendant.