beta
(영문) 부산지방법원 2018.11.13 2017가단336508

근저당권말소

Text

1. Defendant B: (a) on the real estate stated in the attached list to the Plaintiff, the registration of the vice branch of the Busan District Court and June 5, 2015.

Reasons

1. Basic facts

A. On December 17, 2012, the Plaintiff Company (from D to February 13, 2017) completed the registration of initial ownership relating to the real estate listed in the separate sheet (hereinafter “instant real estate”).

Defendant B was registered as a director of the Plaintiff Company from March 31, 2007, and from March 31, 2010 to March 31, 2016.

B. On June 5, 2015, Defendant B completed the registration of establishment of chonsegwon (hereinafter “registration of establishment of chonsegwon”) with the person having chonsegwon as to the whole of the instant real estate, from June 5, 2015 to June 4, 2017, and from June 5, 2015 to June 4, 2017, Defendant B completed the registration of establishment of chonsegwon (hereinafter “registration of establishment of chonsegwon”) with the person having chonsegwon as Defendant B, and on June 5, 2015, the registration of establishment of chonsegwon (hereinafter “registration of establishment of chonsegwon”) with the maximum debt amount of KRW 130 million against the said chonsegwon, Defendant B, and Defendant C Association of the said person (hereinafter “Defendant C Association”) as the registration of establishment of chonsegwon branch court and the registration of establishment of chonsegwon branch court on June 5, 2015 to June 5, 2015 (hereinafter “registration of establishment of the instant chonsegwon”).

C. On March 18, 2016, the Defendant Credit Guarantee Fund received a decision on provisional seizure of the right to lease on a deposit basis from the Busan District Court’s 2016Kadan100216, the registration of the above court and the provisional seizure of the right to lease on a deposit basis (276,00,000 won) as of March 21, 2016, and completed the additional registration of provisional seizure (276,000 won) as of March 21, 2016. On April 18, 2017, the Defendant Credit Guarantee Fund completed the provisional registration of the same court and as of April 26, 2017 as of April 15729, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 10, the purport of the whole pleadings

2. Determination

A. (1) In the light of the judgment on the primary claim against Defendant B (1) the relevant legal principles concurrently combines the nature of the right of lease on a deposit basis and the nature of the right of lease on a deposit basis, and the delivery of the object is not the requirement for establishing a right of lease on a deposit basis, if the parties primarily set the right of lease on a deposit basis for the purpose of securing a claim, the