(영문) 대전지방법원 2016.06.21 2015가단42916

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(영문) 대전지방법원 2016.06.21 2015가단42916

근저당권말소

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1. The Defendant received on May 25, 2010 the Daejeon District Court received on May 25, 2010 as to the real estate indicated in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. On May 25, 2010, the Plaintiff: (a) determined the debtor as the Plaintiff and the mortgagee as another fishing camp Co., Ltd. (hereinafter “Tagi”); and (b) set up the right to collateral security (hereinafter “the instant right to collateral security”) with an indicated real estate owned by the Plaintiff as indicated in the separate sheet (hereinafter “instant real estate”).

B. On November 12, 2015, another fishing camp completed the registration of transfer of the instant right to collateral security on the ground of the transfer of confirmed claim as of November 12, 2015 to the Defendant.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff: (a) established the instant collateral security right in Tao Camp in order to secure the Plaintiff’s first ASEAN’s obligation to pay for the goods to the other fishing camp; (b) however, C’s obligation to pay for the goods became extinct on March 19, 2014; (c) as the secured obligation of the instant collateral security right was fully repaid, the Defendant is obligated to perform the registration procedure for cancellation of the instant collateral security right; (b) recognized that the Defendant was fully repaid the Plaintiff’s obligation to pay for the goods to the other fishing camp; (b) however, the instant collateral security right was established to secure the Plaintiff’s second ASEAN’s obligation to pay for the goods to the other fishing camp in addition to the Plaintiff’s obligation to pay for the goods to the other fishing camp; and (d) the Defendant was not fully reimbursed KRW 15,684,139 from the Plaintiff or D’s obligation to pay for the goods to the other fishing camp.

C. As long as the secured obligation of the instant right to collateral security includes D’s obligation to purchase goods from another fishing camp, the Defendant did not have a duty to cancel the instant right to collateral security prior to the repayment of D’s obligation.

B. On March 19, 2014, both the Plaintiff and the Defendant’s obligation to purchase goods to the other fishing camp is extinguished.

유사 판례

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