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(영문) 춘천지방법원 속초지원 2018.06.01 2017가단30035
근저당권말소
Text

1. The Plaintiff:

A. As to the real estate stated in the attached list, Defendant A shall have jurisdiction over the Chuncheon District Court’s territorial branch on November 18, 2015.

Reasons

1. Basic facts

A. On November 18, 2015, the Plaintiff completed registration of initial ownership relating to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. As to the instant real estate on November 18, 2015, Defendant A: (a) the maximum debt amount of KRW 250,000,000 on the ground of a contract to establish a contract on November 5, 2015; (b) the debtor, the debtor, and the defendant A, who was the mortgagee A.

The registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) was completed.

C. On July 7, 2016, Defendant B completed the attachment registration of the instant mortgage-backed claims as stipulated under Article 12331 of the receipt of the Seocho District Court’s territorial branch branch support.

[Ground of recognition] between the plaintiff and the defendant A: The fact that there is no dispute between the plaintiff of confession and the defendant B; the statement of Gap evidence No. 1; the purport of the whole pleadings

2. Legal doctrine is a mortgage established by settling only the maximum amount of the debt to be secured and reserving the determination of the debt in the future (Article 357(1) of the Civil Act). Since multiple and unspecified claims arising from a continuous transaction relationship are established for the purpose of securing a certain limit in the future settlement period, there must be a legal act establishing a secured claim of the right to collateral separate from the act of establishing the right to collateral, and the burden of proof as to whether there was a legal act establishing the secured claim of the right to collateral at the time of establishment of the right to collateral security exists.

On the other hand, if a claim with the right to collateral security is seized, the purpose of registering the seizure of the right to collateral security by means of additional registration in the establishment registration of the right to collateral security is to publicly announce the seizure of the right to collateral security because the seizure of the right to collateral security has become effective in the case of seizure of the right to collateral security, which is a subordinate right based on the incidental nature of the right to collateral security. If there is no secured claim of the right to collateral security, the seizure order shall be null

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