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1. On August 10, 2012, the Defendant: (a) on the real estate stated in the attached list to the Plaintiff, the Jung-gu District Court, Yangyang-ju registry office, and the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a person who produces and sells a set of gambling in the name of “C”, and D is a person who has operated a sales agency with a trade name of “E”.
B. On June 11, 2010, the Defendant entered into an agency contract with D to supply clothing, etc. between D and sell them.
In order to guarantee D’s debt to the Defendant following the transaction under the above agency contract, on August 10, 2012, the Plaintiff completed on August 10, 2012 the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage of this case”) in the name of the Defendant as to the real estate stated in the attached list, owned by the Plaintiff, with the maximum debt amount of KRW 50 million.
C. D around August 31, 2012, around August 31, 2012, terminated the business of the above agency and reported the closure of business.
D On October 17, 2012, it settled the amount of clothes supplied by the Defendant to the Defendant and paid 4,852,000 won in full.
[Ground of recognition] Facts without dispute, Gap 1, 3 evidence, Eul 7 evidence, the purport of the whole pleadings
2. The assertion and judgment
A. On October 17, 2012, the Plaintiff asserts that D has fully repaid the secured obligation of the instant right to collateral security to the Defendant on October 17, 2012, and sought cancellation of the said right to collateral security.
As to this, the defendant supplied D with clothing and delivery goods according to agency contract, and received only the clothing payment from D on October 17, 2012. Thus, the defendant asserted that the above collateral obligation still remains.
B. First of all, we find as above that D has fully repaid the price of the clothes supplied by the Defendant on October 17, 2012.
Next, we examine the fact that the defendant has a claim for the price of disposable products in accordance with an agency contract against D.
According to the statement of Gap, No. 7, the defendant, at the time of entering into an agency contract, clothes, light products, etc. to D at the time of signing agency contract.