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(영문) 대전지방법원 2018.04.26 2017가단217950
근저당권말소
Text

1. The defendant is the Sejong District Court's Sejong District Court's registration office with respect to the real estate stated in the attached list to Young Culture Industry Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff is a creditor of the claim for reimbursement against the Young Interest Industry Co., Ltd. (hereinafter “Yung Interest Industry”).

B. On July 11, 1994, in order to secure the obligation to pay for the goods with the Defendant, He concluded a mortgage agreement of KRW 40 million with respect to the real estate indicated in the attached list (hereinafter “instant real estate”) on the maximum debt amount as stated in the attached list, and on July 13, 1994, he completed the establishment registration of a neighboring mortgage on the instant real estate as indicated in the order (hereinafter “the establishment registration of a neighboring mortgage”) to the Defendant.

C. On July 25, 2017, the Defendant applied for the commencement of the instant real estate auction based on the instant collateral security.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including additional number) and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The purport of the Plaintiff’s assertion is that the establishment registration of the instant neighboring mortgage was null and void, and thus, should be cancelled.

B. Determination 1) According to each of the above facts and Eul evidence Nos. 1, 2, 3, and Eul evidence Nos. 1-2, and Eul evidence Nos. 1-1, 2, 3, and 2, the interest industry completed the establishment registration of the establishment of the neighboring district of this case with the defendant to secure the obligation for the purchase price of goods arising between the defendant. The interest industry provides that, around October 5, 1994, for the payment of the purchase price of goods to the defendant, the interest industry shall submit to the defendant a promissory note No. 1, a promissory note No. 46,351,800 for the payment of the purchase price of goods, the due date, October 24, 1994, the face value, 20,000, and one promissory note No. 1, a face value, the face value, 36,981, and 175, respectively, (hereinafter referred to as the "first promissory note submission").

A) The fact that each of the above facts was delivered can be recognized. According to the above facts, as of July 25, 2017, when the defendant applied for the commencement of a real estate auction on the instant real estate, the period of payment for the above goods price obligation ( October 194).

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