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(영문) 대전지방법원 2020.07.16 2019가단122759
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a trustee, and a company established for the purpose of manufacturing and selling medicinal Shares.

The defendant is a person who set up a retail store in the building D ground in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and sells consigned and share supplied by the plaintiff.

B. On April 21, 2017, the Defendant completed the registration of the establishment of a neighboring mortgage on the Plaintiff, the mortgagee, the Defendant, and the maximum debt amount of 150,000,000, as the Daejeon District Court’s Cheongyang-gun Factory Site C, 4,193 square meters, which is the Plaintiff-owned land.

(hereinafter referred to as “instant collateral security”). [Ground of recognition] The fact that there is no dispute, entry of evidence Nos. 1 and 3, and the purport of the whole pleadings

2. The assertion;

A. Plaintiff 1) The Defendant appears to have created the instant right to collateral security in order to secure the claim arising from financial transactions with the former representative director E or his de facto spouse F. However, since this is null and void or abuse of authority without permission and the Defendant also knew or could have known such circumstances, the instant right to collateral security should be cancelled as a registration invalidation. 2) The Defendant obtained profit equivalent to the rent of the instant real estate by occupying and using the Plaintiff’s land and building D (hereinafter “instant real estate”) owned by Chungcheong-gun, Chungcheongnam-gun, Chungcheongnam-do without permission, and suffered loss equivalent to the same amount. As such, the Defendant is obligated to return unjust enrichment calculated at the rate of KRW 341,980 per month until transferring the instant real estate to the Plaintiff, as sought by the Plaintiff.

B. Defendant 1) On September 29, 1998, the Plaintiff purchased the sales license of the instant real estate and the instant sales license of the said sales outlet from the Plaintiff for KRW 240,000,000, while he leased and operated D sales stores in Chungcheongnam-gun, Chungcheongnam-do from the Plaintiff for KRW 40,000 (hereinafter “instant sales contract”).

(b)..

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