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(영문) 전주지방법원남원지원 2016.11.24 2016가합1258

근저당권말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 21, 2015, C (Representative Director D) entered into a cash investment contract with a limited liability company E (Representative F) to invest KRW 400 million in order to promote the new apartment construction project, and decided to deposit the said money by July 22, 2015.

(hereinafter “instant investment contract”). (b)

On July 21, 2015, the representative E of a limited liability company E prepared a written confirmation and issued it to the defendant.

( Note) H Representative Director B means the Defendant B.

On July 22, 2015, with respect to the attraction of investment funds in C and G Housing Association projects, on July 22, 2015, the establishment of a right to collateral security for the second-class 400 million won on the attraction of funds and the guarantee of principal for the inducement of funds shall be approved for the second-class 101 on the first-class 101 on the second-class 101, and the legal representative shall be designated on July 23, 2015.

Security rights holder means the plaintiff A.

C. C Co., Ltd. paid each of the instant investment costs of KRW 270,000,000 on July 22, 2015, and KRW 130,000,00 on August 11, 2015 (total KRW 400,000) to Limited Company E in accordance with the instant investment contract.

On August 13, 2015, the Plaintiff, as F, completed the registration of creation of a mortgage over each real estate (joint collateral) listed in the separate sheet in the Defendant’s future, with respect to each real estate (joint collateral) listed in the separate sheet, with the maximum debt amount of KRW 40 million, the Plaintiff

(hereinafter “The instant right to collateral security” is deemed to have been made on August 13, 2015 between the Plaintiff and the Defendant, which was concluded between the Plaintiff and the Defendant. 【The grounds for recognition of the instant right to collateral security” (see, e.g., Supreme Court Decisions 1, 2, 4, 1, 1, 2, and 4, 1, 2, and 4, respectively, and the purport of the entire pleadings.

2. Determination as to the cause of action

A. Since the relevant legal principles aim to secure claims, in principle, a creditor and a mortgagee should be the same person. However, in the event that a third party establishes a right to collateral security with a third party as a holder of the right to collateral security, there is an agreement between the creditor, the debtor, and the third party on such point.