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(영문) 대전지방법원 2017.05.19 2016나102588 (1)
근저당권말소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Basic Facts

On October 1, 2008, the Plaintiff decided to grant KRW 43,680,00 (State subsidies 21,840,000, 10,920, 10,920, 10,000, 200) with subsidies for “forest product storage facilities” in the Agricultural and Forestry Project (Forest Products) in 2008 (hereinafter “the instant legal entity”). Thereafter, the Plaintiff reduced subsidies in consideration of the fact that it was not newly constructed according to the approved design, and paid KRW 38,63,00,00 to the instant legal entity on June 3, 200. The instant legal entity completed the registration of preservation of ownership of the above building on April 22, 200, 200, 2000, 2000, 38, 2000, 300, 200, 2000, 300, 2000, 300, 2000.

After all, the Plaintiff paid KRW 600,000,000 on April 27, 2009, and KRW 240,000,000 on June 30, 2009, and KRW 216,628,860 on June 30, 2010, reflecting the increased or decreased portion in the actual construction process.

The corporation of this case newly constructed each building listed in the separate sheet Nos. 2 through 4 using the above subsidy as the construction cost, and completed registration of preservation of ownership on March 2, 2010.

On February 1, 2011, without obtaining approval from the head of a central government agency, the instant corporation entered into a mortgage agreement with Defendant on each of the buildings listed in the separate sheet (hereinafter “instant building”) and completed the registration of establishment of mortgage (hereinafter “registration of establishment of mortgage of the instant building”) around the same day.

The Plaintiff, even though urged the instant corporation to cancel the registration of the establishment of a mortgage in the vicinity of the instant case, did not implement it.

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