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(영문) 대전지방법원 2013.12.27 2012가단16404
근저당권설정등기말소등기
Text

1. As to each of the real estate listed in the list of the Defendant whiteout ginseng (attached Form 1) to the Plaintiff, the Defendant whiteout ginseng shall:

Reasons

1. Facts of recognition;

A. With respect to each real estate listed in the list of the Plaintiff [Attachment] owned by the Plaintiff (hereinafter “each of the instant real estate”), the establishment registration was completed on March 14, 201 with respect to ① the maximum debt amount of KRW 24,00,000,000, and the Plaintiff, the mortgagee, and the Defendant Whitebow Ginseng Cooperative (hereinafter “Defendant Cooperative”); ② the establishment registration was completed on July 8, 201, with respect to the establishment of a neighboring real estate, whose contents are the Plaintiff’s association, including the maximum debt amount of KRW 36,00,000,000, the debtor, and the mortgagee; ③ the establishment registration was completed on August 12, 201; ④ the establishment registration was completed on the establishment registration of a neighboring real estate, whose content is the Plaintiff and the Defendant Association; ④ the maximum debt amount of KRW 36,00,000 on November 29, 2011; and ④ the establishment registration was completed on the establishment registration of a mortgage between the Plaintiff and the Defendant Association.

⑤ On January 5, 2012, the registration of creation of a neighboring mortgage on the instant real estate was completed, the maximum debt amount of which was KRW 100,000,000, and the debtor, the plaintiff, the mortgagee, and the defendant B.

(hereinafter) The registration of establishment of the above five units of mortgage was the "registration of establishment of each unit of mortgage of this case" and each contract to establish a mortgage of this case, which is the grounds for the registration, was the "each unit of mortgage contract of this case".

1) D (the Plaintiff’s appearance) is registered as an individual business operator or “stock company E” (hereinafter referred to as “non-party E”) with respect to the organic farming and marina business from the Plaintiff.

Although the Plaintiff did not have obtained a consent from the Plaintiff to provide each of the instant real estate as security and to obtain a loan or to establish a right to collateral security with the intent to obtain a loan from the Plaintiff, using the fact that he/she had kept a seal imprint under the name of registration of the director, etc., he/she applied for a loan of KRW 20 million at the affiliated branch of the Defendant Union on March 15, 201, and entered “name A and address Daejeon-gu F” in the principal column of the loan transaction agreement in the loan transaction agreement.

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