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(영문) 대전고등법원(청주) 2017.12.12 2017나6055
근저당권말소
Text

1. Revocation of the first instance judgment.

2. As to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a corporation established for the purpose of tourist hotel business and tourist guidance business, and the defendant (the former trade name: Libersan Construction Co., Ltd.) is a corporation established for the purpose of various construction businesses, such as soil works.

B. On April 30, 2014, the Defendant: (a) set the construction period for drainage, packaging, pond, structure, and bridge construction works (hereinafter “instant construction works”) from May 2, 2014 to October 31, 2015, and received a subcontract for the construction amount of KRW 4,686,00,000 (including value-added tax) from the Plaintiff among C construction works contracted by the Plaintiff (hereinafter “B”) from the Plaintiff.

(hereinafter referred to as “instant subcontract”). C.

Although the Defendant continued the instant construction, the progress of the construction was suspended at the end of June, 2014 through July 17, 2014. On July 17, 2014, the Plaintiff and B approved the Defendant that the balance of the construction cost incurred in connection with the instant construction cost is KRW 753,600,000 as of July 17, 2014, and issued a notarial deed stating that “The Defendant shall pay KRW 516,00,000 as of July 31, 2014, the remainder of KRW 237,60,000 as of August 31, 2014,” respectively (hereinafter referred to as “notarial deed”).

On December 19, 2014, the Plaintiff and the Defendant concluded a mortgage agreement (hereinafter “instant mortgage agreement”) with regard to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) within the scope of the said amount, stating that “the Plaintiff shall grant the right to collateral security (hereinafter “instant real estate”) regarding the instant real estate to the Defendant in order to secure all the obligations that the Plaintiff has, or will have, borne against the Defendant within the scope of the said amount. In accordance with the said agreement, the Plaintiff registered the establishment of collateral security to the Defendant on December 23, 2014.”

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