logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2015.01.28 2014나11917
근저당권말소
Text

1. Revocation of a judgment of the first instance;

2. As to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. On June 200 and May 2001, the Plaintiff entered into a contract with the Defendant to be supplied with the feed of the Plaintiff raised at A farm located on the 19 parcel of land, including each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant farm”). The Plaintiff completed the registration of the establishment of each of the neighboring places of the instant farm recorded in the order (hereinafter “registration of establishment”) to secure the present and future feed payment obligations owed by the Plaintiff in relation to the operation of the instant farm.

By December 2002, the Plaintiff supplied the Defendant with the feed according to the above feed supply contract, and paid all the amount of the feed accrued until that time.

B. On June 1, 2006, the Plaintiff entered into a lease contract with 19 lots of land, including each real estate listed in the separate sheet where the farm of this case is located, and 12 units of the building, power generator, one ton of cargo vehicles, excavation equipment, 2.5 tons of 2.5 tons of 200 million tons of 10 million won of security deposit, rent monthly, 18 million won of rent, and period of lease from June 1, 2006 to May 31, 2009 (the two years have been extended thereafter).

(However, under the lease contract, the name of the lessor was entered as C, the representative director of the plaintiff). C agreed to sell the plaintiff corporation, including the above lease property, to B at the expiration of the above lease term.

C. B purchased chickens worth KRW 460 million raised by the Plaintiff and used the Plaintiff’s trade name to operate the instant farm as it is, on January 15, 2007, and August 21, 2007, the Plaintiff entered into a contract with the Defendant for the supply of chickens (hereinafter “instant supply contract”) under the Plaintiff’s name and received feed by March 201. On November 20, 201, the unpaid feed payment obligation (hereinafter “instant feed payment obligation”) as of November 20, 201 is KRW 277,942,402.

B The farm in this case from C around June 201, when the term of lease expires.

arrow