logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.04.17 2013가단41636
근저당권설정등기말소
Text

1. The defendant's intervenor is limited to KRW 604,416,00 and KRW 370 million among them, within the limit of KRW 658,00,000 from the plaintiff.

Reasons

1. Basic facts

A. On July 6, 2010, the Plaintiff and the Defendant entered into a mortgage agreement with the effect that B shall provide each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) owned as collateral in order to secure the Defendant with a maximum of 658 million won with respect to all of the obligations arising from the transaction in agricultural products and credit transactions in the present and future against the Defendant. On the same day, the agreement was completed as to each of the instant real estates with the Daejeon District Court No. 16838, receipt of the Sejong District Court Sejong District Court’s Sejong District Court’s receipt of the maximum debt amount of KRW 658 million, and the establishment registration of a mortgage in the Defendant’s name as B (hereinafter “the establishment registration of a mortgage”).

B. On August 12, 2010, B entered into a loan transaction agreement with the Defendant for a loan of KRW 370 million by the end of August 11, 201, and received the loan equivalent to the above amount. The loan was used in full for the repayment of the Plaintiff’s loans to the Geumnam Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”) and the Sejong Sejong Agricultural Agricultural Cooperative. On the same day, each of the instant real estate was cancelled on the grounds of termination of the registration of creation of a neighboring mortgage established to secure the Plaintiff’s obligations to the Geumnam Agricultural Cooperative.

C. On November 29, 2013, after the filing of the instant lawsuit, the registration of the transfer of the right to collateral security in the name of the Intervenor was completed on September 26, 2013, on the ground of the transfer of the confirmed claim.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, Eul 1 and 4 (including each number), the purport of the whole pleadings

2. Judgment as to the main claim

A. On behalf of the Plaintiff’s assertion 1, the Plaintiff established the right to collateral security of KRW 429 million on each of the instant real estate for his/her claim for a maximum amount of debt around 2008, and obtained loans equivalent to KRW 370 million from the Geumnam Agricultural Cooperative. The interest rate is C.

arrow