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(영문) 서울서부지방법원 2020.07.17 2020가단202954
근저당권말소
Text

1. As to each real estate listed in the attached list to the Plaintiff, the Defendant shall register the original state branch of the Chuncheon District Court, and on November 2018.

Reasons

1. On November 2, 2018, the Plaintiff entered into a contract with the Defendant and C Farming Association (hereinafter “instant farming Association”) on the establishment of the right to collateral security (hereinafter “right to collateral security”) consisting of KRW 900,000,000 with respect to each of the real estates indicated in the separate sheet owned by it (hereinafter “each of the instant real estates”) on the following grounds: (a) the Plaintiff entered into a contract with the instant farming association to secure the Defendant for the creation of the right to collateral security (hereinafter “right to collateral security”) with a maximum debt amount, which is KRW 90,00,000,000, for the sake of securing the obligation to be borne at present or to be borne in the future; (b) the Chuncheon District Court’s registration of the principal branch branch, and (c) No. 58362, Nov. 5, 2018, the Defendant completed the registration of the establishment of the right to collateral security (hereinafter “the instant registration”).

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 4 (including paper numbers), and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant had no claim against the farming association corporation of this case was created with the establishment of the mortgage of this case for the purpose of securing the claim against a director E of the farming association corporation of this case under the condition that he did not have a claim

Ultimately, the instant right to collateral security is null and void due to the absence of a secured claim against the instant agricultural partnership. Therefore, the Defendant must cancel the registration of the instant case, which is null and void for the Plaintiff

B. On December 13, 2018, the Defendant asserted that the Defendant lent KRW 560,000,000 to the instant farming association corporation, thereby holding the secured claim of the instant right to collateral security, and the claims against E are different above.

Therefore, the prior plaintiff's assertion should be rejected on the erroneous premise.

3. Determination

(a) The right to collateral security is a mortgage created by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future (Article 357(1) of the Civil Act) and arising from continuous transactions;

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