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(영문) 대전지방법원홍성지원 2016.03.09 2014가단5777
근저당권말소
Text

1. The defendant shall make a registration office of the head of the Daejeon District Court and the port of registry office with respect to each real estate listed in the separate list to B farming association corporations.

Reasons

1. On October 1, 2008, the Plaintiff decided to grant 43,680,000 won (the State subsidy of KRW 21,840,00,000, Do subsidy of KRW 10,920,000, Gun subsidy of KRW 10,920,000, Gun subsidy of KRW 10,000) with subsidies for “agricultural and forestry business (forest field)” (forest product storage facilities in 2008)” to the farming association corporation B (hereinafter “instant corporation”). On April 22, 2009, the Plaintiff reduced the subsidy in consideration of the fact that it was not newly constructed in accordance with the approved design plan, and the Plaintiff paid KRW 38,63,000,000 to the instant corporation on June 3, 209. The instant corporation newly constructed a new forest product distribution center in the attached list 1,000,0000,000,000 won as part of the construction project.

After all, the Plaintiff paid KRW 60,00,000 on April 27, 2009, 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 real estate”) and completed the registration of establishment of a mortgage on the same day (hereinafter “registration of establishment of a mortgage on the instant real estate”) on the same day.

On March 19, 2012, the Plaintiff urged the instant corporation to cancel the registration of the establishment of the instant mortgage, but failed to implement it.

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