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(영문) 대구지방법원안동지원 2017.11.29 2017가단1790

근저당권말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Since there is no secured claim stated in the attached list of the Plaintiff’s assertion on each real estate (hereinafter “each of the instant real estate”), the establishment registration of the instant collateral is invalid, as well as the registration of establishment of the instant collateral, even if the secured claim exists, the amount of KRW 4,601,279,867, exceeding the maximum debt amount, was distributed to the Defendant in other auction proceedings, or was kept in the court of execution. The expected amount of the instant collateral was extinguished as the secured property, which was the 6,52,656,867, which was the 6,52,656, and 667,000,000 won, which was the 6,552,656

2. In light of the overall purport of arguments in evidence Nos. 4, 7, and 1 and 2 of Gap evidence Nos. 2-2, the defendant and the non-party company on September 27, 2008 agreed to additionally establish a collateral security right on each of the real estate of this case other than the maximum debt amount of 4.2 billion won as stated in the separate sheet Nos. 1 and 2, in order to secure the defendant's claim against the non-party company's loan of 2.1 billion won, commercial transaction claim of 1.87 billion won, interest rate of 1.5 billion won, and 1.5 billion won. The contract to establish a collateral security right on each of the real estate of this case stated above stated above stated above is stated as a joint collateral within the maximum debt amount, present, and in the future, it is stated that the debtor's debt on a bill, loan, transaction debt, guarantee debt, and all other debts owed to the creditor. 200 billion won, and the court claimed the payment of the plaintiff company and the non-party company No. 2. 250001.5 billion won.