(영문) 서울중앙지방법원 2019.05.09 2018가합547946

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(영문) 서울중앙지방법원 2019.05.09 2018가합547946

근저당권일부이전등기 청구의 소

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On April 30, 2010, the Plaintiff entered into a credit guarantee agreement with A Co., Ltd. (hereinafter “A”) and A to obtain a loan of KRW 1,00,000,000, and KRW 350,000 from the Defendant, and the Plaintiff issued a credit guarantee agreement (credit guarantee number B and C) with a credit guarantee period from April 30, 2010 to April 27, 2018.

(hereinafter referred to as “the first guarantee” and “the second guarantee”). (b)

In the credit guarantee agreement for the first and second guarantees, it is stated that the collateral security amount for the second guarantees shall be at least 1,620,000 won for the site of the workplace and the collateral amount for the second guarantees shall be at least 475,00,000 won for the building and the site of the workplace by establishing the collateral security for the building and the site of the workplace at least 1,620,000,000 won, immediately after the completion of the construction of the relevant facilities (the one room for the design facilities, and the one room for the second list).

C. A, based on the first guarantee on May 31, 2010, borrowed KRW 1,000,000 from the Defendant, and KRW 350,000,000 based on the second guarantee on June 14, 2010, respectively.

(hereinafter referred to as “first loan”) and (d).

On May 31, 2010, A completed the registration of the establishment of a mortgage with the maximum debt amount of KRW 1,620,000,00 with respect to the land listed in [Attachment 1] List No. 1 (hereinafter “instant land”). On July 20, 2010, A added each building listed in [Attachment 1] List Nos. 2 and 3 (hereinafter “instant building”) as joint collateral, with the maximum debt amount of KRW 1,620,00,000 with respect to the instant building. On July 20, 2010, A completed the registration of the establishment of a mortgage on the instant land and building by submitting a list of the mortgaged objects under Article 6 List No. 198 of the Factory and Mining Foundation Mortgage Act, each of which was completed the registration of the modification.

The registration of establishment and alteration of each of the above units shall be listed in the attached Table 2.

참조조문

-공장 및 광업재단 저당법

-공장 및 광업재단 저당법 제6조

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