beta
(영문) 대구지방법원김천지원 2020.07.17 2019가합15949

근저당권말소등기 회복 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. E’s small team, etc. 1) The Plaintiff is a limited company E of the agricultural company (hereinafter “E”).

(2) On September 202, 2002, E newly constructed a G-dong light steel framed structure (refluences and roof) on the land other than 56 square meters, which was leased from the Gu and Si, to Japan, G-dong light steel framed structure (refluences and roof) 57,744 square meters, H-dong light steel framed structure (refluences and roof) agricultural fixed-type greenhouse (unfluences), 28,014.40 square meters, I-dong light steel framed structure (refluences and roof) with 10,064.20 square meters (refluences) for each item of G-dong, which was leased from the Gu and Si, so that members of G-dong were sold to G-dong, and the members of G-dong Ha were cultivated in each item of G-dong, and the members of G-dong Ha were cultivated in each item of G-dong.

B. On February 9, 2017, the Plaintiff’s greenhouse in the instant case was: (a) on February 9, 2017, 57,744 square meters (hereinafter “G Dong-dong after division”) of lightweight steel structure (refluences and roof) on the G-dong J-dong ground; (b) one story of the fixed type greenhouse (refluences and roof) for agricultural use; (c)

(2) On the ground of H-dong, K and three lots of land: (a) 28,014 square meters (hereinafter “H-dong after division”) of a light-frame structure (fluoral walls and roof) for agricultural purpose; (b) 28,014 square meters (fluoral greenhouse)

(2) The Plaintiff’s ground-based 10,064.20 square meters (hereinafter “I-dong after division”) are 10,064 square meters (hereinafter “I-dong”).

(2) The Plaintiff loaned KRW 1170 million to E as a fund for the installation and cultivation of Pacific farming facilities until March 27, 2008. As to the greenhouse of this case as a security for the said loan, the Plaintiff was registered as a collateral on January 2, 2007 (hereinafter “the first collateral security”) and on March 27, 2008, the establishment registration of a neighboring mortgage amounting to KRW 450 million with the obligor, E, the maximum debt amount, KRW 650 million, and the establishment registration of a mortgage amounting to KRW 650 million (hereinafter “the second collateral security”).