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(영문) 서울남부지방법원 2018.09.07 2017나65300

근저당권설정등기말소 청구

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 21, 2014, C, the former husband of the Plaintiff’s contract for the supply and sale of screen golf products between C and Nonparty D Co., Ltd., concluded the so-called Korea Sports Contract (hereinafter “instant screen golf supply contract”) with D (hereinafter “D”) that C would have the right to sell the screen golf in D and sell it to domestic consumers.

The instant screen golf supply contract includes the following contents:

(1) D Prepaid 150,000,000 won for the purchase of scrap golf 30 sets supplied by C prior to the delivery of the product.

(2) Section 5(3)(2) Section C of the Agreement shall guarantee the pet service and the repair of defects in respect of the scrap scrap golf products and provide D with security equivalent to KRW 100 million for that.

(A) section 6(2)(b) of the Agreement.

Plaintiff

On March 19, 2014, the Plaintiff agreed to provide a real security and completed the registration of establishment of a neighboring mortgage (hereinafter “the registration of establishment of a neighboring mortgage”) in the Defendant’s future by taking into account the maximum debt amount of KRW 120,000,000 and the debtor C and the mortgagee as an individual “Defendant” as to the real estate listed in the attached list (hereinafter “instant real estate”) owned by the Plaintiff, as a result of the receipt of No. 15753, Mar. 19, 2014.

C. On the other hand, D pursuant to the instant screen golf supply contract, as of February 21, 2014

3. 18.2 times, a total of KRW 150,000,000 was paid in advance to C for the purchase of scrap golf 30,000.

C supplied and delivered only two screen golf sets to D, and the instant screen golf supply contract was rescinded on September 2014.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 4 and 7, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff E.