beta
(영문) 대전지방법원 2015.02.06 2014나1681

근저당권설정등기말소등기

Text

1. The part against Defendant B among the judgment of the first instance is revoked.

2. Defendant B shall each be listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) Each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”)

① As to the Daejeon District Court’s receipt of March 14, 201, KRW 24,000,000 of the maximum debt amount, the Plaintiff, and Defendant White Ginseng Cooperative Co., Ltd. (hereinafter “Defendant Cooperative”) as the Head of Daejeon District Court’s receipt of March 14, 201.

(2) The registration of the establishment of a neighboring mortgage was completed on July 8, 201, as of the Daejeon District Court (Seoul District Court) No. 75457, Jul. 8, 201; (3) the registration of the establishment of a neighboring mortgage to the extent of the maximum debt amount of KRW 36,00,000; and (48,000,000 with the maximum debt amount of KRW 8874 on Aug. 12, 2011; and (4) the registration of the establishment of a mortgage to the debtor, the plaintiff, and the defendant association of the Daejeon District Court (Seoul District Court) was completed on Nov. 29, 201 with the maximum debt amount of KRW 36,00,000; and (2) the registration of the establishment of a mortgage to the plaintiff, the defendant association of the right to collateral security; and (3) the registration of the establishment of a mortgage to each of the real estate in this case was completed on Nov. 29, 2011.

(hereinafter) The registration of establishment of the above five units of mortgage was the "registration of establishment of each unit of mortgage of this case" and each contract to establish a mortgage of this case, which is the grounds for the registration, was the "each unit of mortgage contract of this case".

1) Non-party D (the plaintiff is the mother of D)

A) The Plaintiff is registered as an individual entrepreneur or a corporation E (hereinafter referred to as “non-party E”) with respect to the organic farmer business.

The Defendant Union did not have obtained the Plaintiff’s consent to provide each of the instant real estate as security and to receive a loan from the Plaintiff, using the Plaintiff’s seal imprint registration in the name of the Plaintiff’s director, etc. on March 15, 201.