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(영문) 광주지방법원 2019.04.04 2016가합747
근저당권말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 14, 2005, Jeonnam-do Non-Gun (hereinafter “Uanan-Gun”) decided to grant KRW 733,82,000 as an indirect subsidy to A farming association (hereinafter “A farming association”) for the establishment support project in 2005, and paid KRW 293,822,000,000 on June 29, 2005, respectively.

(hereinafter “instant subsidy”). The said subsidy consists of KRW 440,293,00, 859,000 for national expenses, KRW 88,000 for Do expenses, KRW 205,470 for Gun expenses, and KRW 205,00 for Gun expenses.

B. The instant subsidy was used for construction of buildings listed in attached Table 1(10) of the attached Table 1 (hereinafter “instant building”) and installation of each machinery and equipment listed in attached Table 2 (hereinafter “instant organization”).

C. On May 25, 2006, a farming cooperative created a right to collateral security (hereinafter “right to collateral security”) with regard to each real estate listed in the separate sheet No. 1 and the organization of this case with a maximum debt amount of 150,800,000,000, in accordance with the former Factory Mortgage Act (amended by Act No. 9520, Mar. 25, 2009) as collateral, when it received a loan for Japanese law from E Co., Ltd. (hereinafter “E”).

A Farming Cooperatives did not obtain approval from the head of the central government agency regarding the establishment of the above right to collateral security.

On June 28, 2011, E transferred the above loans to the Defendant, notified this next day to A Farming Cooperatives. The above notification reached A Farming Cooperatives around that time.

A Farming Cooperative was declared bankrupt by the Gwangju District Court on November 12, 2012 and the plaintiff was appointed as the bankruptcy trustee on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-1-1-10, Eul evidence 1-1-1, the purport of the whole pleadings

2. The assertion and judgment

A. The main point of the party’s assertion is that the Plaintiff A Agricultural Cooperative received the instant subsidy from the U.S.-U.A., and acquired the instant building and the instant machinery.

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