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(영문) 대전지방법원천안지원 2020.07.10 2019가합104733
근저당권말소
Text

1. As to each real estate listed in the separate sheet No. 1 to the Plaintiff:

A. Defendant B Co., Ltd. is Daejeon District Court.

Reasons

1. Basic facts

A. On August 21, 2018, the Plaintiff completed the registration of creation of a right to collateral security (hereinafter the instant registration of creation of a right to collateral security) with a receipt number D with respect to each of the construction machinery listed in [Attachment 2] Nos. 1 through 6 of [Attachment 2] owned by Defendant B (hereinafter Defendant B) (hereinafter the instant construction machinery).

B. As to each of the real estates listed in the separate sheet No. 1 (hereinafter “each of the instant real estates”), the Plaintiff completed, on September 6, 2018, the registration of the establishment of a neighboring mortgage on the ground of the contract on the same day to Defendant B, as indicated in the Disposition No. 1 of the maximum debt amount of KRW 1 billion (hereinafter “the registration of the establishment of a neighboring mortgage”); and on January 22, 2019, to the Defendants on January 5, 2019, the registration of the establishment of a neighboring mortgage on the ground of the contract No. 3 billion maximum debt amount of KRW 1.B and the registration of the establishment of a neighboring mortgage on the ground of the contract on the same day

(hereinafter referred to as "where it is necessary, the registration of the establishment of a mortgage of this case and the registration of the establishment of a mortgage of this case; ② the combination of the establishment of a mortgage of this case; hereinafter referred to as "registration of the establishment of a mortgage of this case").

2. Determination as to the cause of action

A. On July 30, 2018, E, which practically operates the Defendants, was appointed as the Plaintiff’s representative director, and takes charge of the Plaintiff’s business. Despite the absence of any debt relationship with the Defendants, E, which practically operates the Defendants, had the Plaintiff complete the registration of the creation of the instant collateral security and the registration of the establishment of the instant collateral security to the Defendant B, and caused the Defendants to complete the registration of the establishment of the instant collateral security.

The establishment registration of each of the instant units is subject to cancellation because there is no secured debt.

B. (i) The relevant legal principles set forth the maximum amount of the secured debt when the establishment of the mortgage of each of the instant units is established, and such mortgage is established by reserving the determination of the debt in the future (Article 357(1) of the Civil Act).

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