(영문) 서울중앙지방법원 2015.08.12 2015가합504511

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(영문) 서울중앙지방법원 2015.08.12 2015가합504511

근저당권말소

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1. The plaintiff's lawsuit against the defendant shall be dismissed.

2. The Defendant’s succeeding intervenor is the Plaintiff’s machines listed in the attached list.

Reasons

The summary of the case is that the Plaintiff, a lessee, seeks to cancel the registration of the establishment of a neighboring mortgage on the leased property owned by him/her on the ground that the establishment of a mortgage is null and void.

In fact, on April 15, 2013, A Co., Ltd. (hereinafter referred to as “Co., Ltd.” was omitted from the second name of the Co., Ltd.) entered into a sales contract to purchase the attached list in the amount of KRW 715 million with the Basta Korea Co., Ltd. and agreed to receive the machines after approval of the lease contract as a special agreement.

On July 29, 2013, in the name of the Plaintiff and A, the lease company with respect to the said machinery was drafted as the Plaintiff and the lessee A with the following content:

The acquisition cost: The lease cost of KRW 715 million: the monthly rent of KRW 66 months: the first to the sixth-month (3,455,830 won), the 7th to the 66th time (11,696,410 won): the disposal at the time of the expiration of the lease: the transfer of the property, the disposal at the time of the expiration of the lease of KRW 143,000,000: the ownership of Article 10 (A) of the purchase (Offset against the contract deposit) of the property only has the right to possess and use the property under this contract during the lease period, and in any case the ownership and other rights of the property are not transferred to the owner.

(2) B shall cooperate in putting up a mark indicating that goods are owned by A in accordance with the Specialized Credit Financial Business Act as soon as they have taken over such goods, and shall not arbitrarily destroy or remove this mark, or modify the details or location of the attachment until all obligations under this contract are repaid in full.

(3) Even if Party A bears part of the funds to acquire an article, the ownership of the article shall belong exclusively to Party A.

(4) A third party claims a right to an article, or takes a preservative measure.

참조조문

-여신전문금융업법

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