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(영문) 서울고등법원 2017.03.31 2016나2018102 (1)
근저당권말소등
Text

1. Revocation of a judgment of the first instance;

2. The Plaintiff Company A’s primary claim and ancillary claim against Defendant D; and

Reasons

1. Determination as to the Plaintiff Company A’s claim against Defendant D (this Court Decision 2016Na2018102)

A. Basic facts 1) I is jointly accused C Co., Ltd. (hereinafter “C”) of the first instance trial on October 18, 2013.

(B) The following was prepared and delivered a certificate of borrowed money (Evidence B) as described below (hereinafter “certificate of borrowed money as of October 18, 2013”).

(2) The Plaintiff Company A (hereinafter referred to as the “Plaintiff A”) issued and delivered, on October 18, 2013, a written collateral security agreement with respect to the real estate listed in Annex A (hereinafter referred to as the “instant real estate”) in Annex A as follows, without any framework, as follows. 1. The maturity date of payment on November 18, 2013. The interest shall be 2.5% per month. 2.2.2) The Plaintiff Company A (hereinafter referred to as the “Plaintiff”) prepared and delivered a written collateral security agreement with respect to the real estate listed in Annex A (hereinafter referred to as “instant real estate”).

(hereinafter “instant A-mortgage contract”). A-mortgage-mortgage-mortgage-holder: A-mortgage-mortgage-holder: 220,000,000 won (the maximum debt amount: 220,000 won (the mortgagee-mortgage-mortgage-holder) shall, within the said limit of the said amount, set up a mortgage-mortgage-holder on any of the obligations arising out of, and all of the obligations arising out of, bills or checks and/or commercial transactions, both the obligor and/or his/her name and seal as a separate or joint obligation or guarantor that the obligor bears or will incur to the obligee, and all of the obligations arising out of,

3) On October 18, 2013, Plaintiff A completed the registration procedure for the establishment of a new mortgage on the instant real estate owned by it as indicated below (hereinafter “registration procedure for the establishment of a new mortgage on the instant real estate”) by the registration office of Suwon District Court No. 161147, Oct. 18, 2013.

() Grounds for registration: The maximum amount of debt to be established as of October 18, 2013: 220,000,000 won: I-mortgaged Co., Ltd. (hereinafter “I-mortgaged Co., Ltd.”) provides that C shall transfer the claims and the right to collateral security to Defendant D on October 18, 2013 (Evidence B).

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