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(영문) 대전지방법원 2020.04.09 2019가단15097
근저당권설정등기말소 등
Text

1. As to the Plaintiff with regard to the size of 60 square meters in Nam-gu Busan District Court D, Busan District Court Branch of the Dong Branch of the Busan District Court on 193.

Reasons

1. Claim against Defendant C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Articles 208(3)2 and 150(3) of the Civil Procedure Act (amended by Act No. 150(3)

2. Claim against the defendant Credit Guarantee Fund;

A. Basic facts 1) Real estate listed in paragraph (1) of the order owned by the Plaintiff (hereinafter “instant real estate”).

As to the registration of creation of a neighboring mortgage as stated in paragraph (1) of this Article (hereinafter “registration of establishment of a neighboring mortgage of this case”) against the maximum debt amount of KRW 19 million, the debtor, and the mortgagee C.

(2) On June 27, 2018, the Defendant Credit Guarantee Fund seized the secured debt of the above secured debt of the right to collateral security against the Plaintiff by obtaining the Daejeon District Court 2018TTTTT 2018TT 56111, and completed the registration of seizure of the right to collateral security (hereinafter “instant seizure registration”) by Busan District Court 39312 received on August 6, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 5, the purport of the whole pleadings

B. Determination 1 on the cause of a claim is a mortgage created by setting only the maximum amount of the debt to be secured and reserving the determination of an obligation in the future (Article 357(1) of the Civil Act), which is established for the purpose of securing a certain limit in a settlement term for the future. As such, separate from the act of establishing a mortgage, there must be a legal act establishing a secured claim of the mortgage, and the burden of proving whether there was a legal act establishing a secured claim of the mortgage at the time of the establishment of the mortgage is in the part of claiming its existence (see Supreme Court Decision 2009Da72070, Dec. 24, 2009). Meanwhile, where a claim with a mortgage is seized, the purpose of registering the seizure of the secured claim by means of additional registration in the nearest registration of the establishment of the mortgage is to record the fact of the secured claim.

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