(영문) 광주지방법원 2014.11.28 2014가단501713

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(영문) 광주지방법원 2014.11.28 2014가단501713

근저당권말소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 17, 192, B concluded a contract with the Defendant to establish an agency of the Defendant Company C, “The content that B supplied or entrusted the agricultural machinery, etc. from the Defendant and paid the price to the Defendant” (hereinafter the previous agency contract of this case), and agreed to provide property rights, such as real estate that can guarantee the present and future obligations arising from transactions with the Defendant as security in advance.

B. On December 22, 1994, in order to secure the present and future obligations due to commercial transactions, etc. with B, the Plaintiff entered into a mortgage agreement with the Defendant on December 22, 1994, stipulating that the maximum debt amount shall be 100,00,000,000 won with respect to the real estate stated in the attached list with the Defendant, B, and the debtor as the defendant, and completed the registration of establishment of a neighboring mortgage in the name of the Defendant as of December 23, 1994 by the Gwangju District Court No.

(hereinafter referred to as the "Registration of the establishment of the neighboring mortgage of this case").

B On December 26, 1998, the Defendant and B agreed to set up a three agency contract with the Defendant, “The sales of agricultural machinery, etc. by consignment from the Defendant in principle and the payment to the Defendant within the next day after receiving the payment” (hereinafter the instant agency contract), and B agreed to provide adequate security to secure the Defendant’s present and future obligations related to continuous transactions.

B, on November 29, 2002, drafted and submitted to the Defendant a debt certificate stating that the unpaid balance, etc. of agricultural machinery costs is KRW 88,776,340,00, and on October 20, 2003, the registration of establishment of a neighboring apartment owned by Gwangju Northern-gu is completed with the maximum debt amount of KRW 70,00,000,000, and on April 30, 2004, the registration of establishment of a neighboring apartment owned by the mortgagee as the Defendant was continued to be traded with the Defendant until April 30, 204.

E. The defendant does not pay B the unpaid balance by June 23, 2006 to B around June 16, 2006, KRW 119,971,032.

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