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(영문) 광주지방법원 2018.08.14 2017가단25241
근저당권설정등기말소
Text

1. The defendant received on March 7, 2001 from the Gisung District Court registry office with respect to the real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. B, around March 6, 2001, the entertainment industry corporation established a mortgage agreement between B and the Defendant with respect to each real estate listed in the separate sheet that was owned by B at the time of providing physical collateral for all obligations, such as goods payment obligations, check money, promissory note money, etc., which may arise in the transaction of goods with the Defendant by the entertainment industry corporation operating a wood sales business, etc. to the Defendant.

(hereinafter referred to as "entertainment industry" and each real estate listed in the attached list is referred to as "the instant real estate". B.

On March 7, 2001, B completed the registration of creation of a mortgage on the instant real estate on March 7, 2001, the debtor was the entertainment industry, and the registration of creation of a mortgage on the future of the defendant (hereinafter “registration of creation of a mortgage”).

(hereinafter) The Defendant’s right to collateral security regarding the instant real estate (hereinafter “instant right to collateral security”).

The termination of transactions between the entertainment industry and the Defendant, and the transaction of goods between the entertainment industry and the Defendant was terminated on November 10, 2001, and the transaction of goods between the Defendant was determined as KRW 229,396,289.

(1) On April 17, 2001, the entertainment industry: (a) around 229,396,289 won at par value; and (b) around October 6, 2001, upon endorsement on the said note, C transferred the said note to the Defendant for the payment of KRW 229,39,289 for the transaction payment obligations under the said Section (c) as against the Defendant of the entertainment industry (hereinafter referred to as “first bill for convenience”).

(2) On March 2001, the entertainment industry is identical to the defendant around March 2001.

In order to pay the transaction price obligation under subsection (1), the bill was issued in blank, with the date of issue, place of payment, place of payment, place of issue, par value, etc.

The term “second bill” for this convenience is called “second bill.”

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