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(영문) 대전지방법원천안지원 2020.10.14 2019가단9275

근저당채무부존재확인

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1. The Defendant shall pay 16,437,643 won from the Plaintiff and 6% per annum from July 1, 2017 to the day of full payment.

Reasons

1. Basic facts

A. On May 31, 2013, the Plaintiff created a right to collateral security of KRW 120,000,000 (hereinafter “instant right to collateral security”) with respect to each real estate indicated in the attached list to the Defendant.

B. On January 15, 2019, the Intervenor received the payment order from the Defendant as the Daegu District Court 2019 tea518, and on August 16, 2019, the Intervenor received the attachment and collection order, namely, the amount claimed as KRW 2,328,572,841 with respect to the Defendant’s claim against the Plaintiff as the Daejeon District Court Branch Branch of Daejeon District Court 2019TTTT106890, which issued the attachment and collection order with respect to the Defendant’s claim against the Plaintiff. The attachment and collection order reached the Plaintiff on September 25, 2019.

Accordingly, on September 30, 2019, the additional registration of seizure of claims against collateral security was made with respect to each real estate listed in the separate list.

C. On February 25, 2020 upon the application of the supplementary intervenor, the voluntary auction procedure was initiated to Daejeon District Court C with respect to each real estate listed in the separate sheet.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 5, 6, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Assertion and determination

A. Since the Plaintiff alleged to be the Plaintiff fully repaid the secured debt of the instant collateral security, the Defendant should implement the procedure for registration of cancellation of the establishment registration of the instant collateral security to the Plaintiff.

B. Fact-finding 1) The Plaintiff is a company with the purpose of building, manufacturing, and selling agricultural and livestock products. The Defendant is a company with the purpose of manufacturing and selling steel structures. The Plaintiff has been supplied with goods from the Defendant from June 201. The Plaintiff and the Defendant settled the unpaid amount of KRW 78,603,961 as of May 31, 2013. The Plaintiff and the Defendant agreed to pay the Defendant an amount equivalent to the total of KRW 58,315,198 on a monthly basis for 36 months and pay the remainder of KRW 20,288,763 on a monthly basis after the lease is terminated.

The plaintiff set up a mortgage of this case against the defendant for the purpose of securing the above debt.

3. Aftermath, the Plaintiff.