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(영문) 서울중앙지방법원 2018.05.01 2017가단5127619
근저당권말소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

(a) The defendant operates 19 project teams under its control as a company conducting insurance agency business, etc., and each project team may establish branches or branch offices under its control.

(b) D was a joint representative of F, who is a branch of E business group under the Defendant’s control.

D On December 15, 2016, in order to secure its insurance solicitors' obligation to recover insurance commission, etc., D entered into a mortgage contract as to each real estate listed in the attached list 1, 2, 3, and 4 owned by the Plaintiff and attached list 2, 3, and 4 owned by the Plaintiff, and completed the registration of establishment of a mortgage in the name of the Defendant under the title of the Suwon District Court No. 18276, Dec. 16, 2016, with the title of the attached list 1,32,00,000.

C. After that, upon the occurrence of a dispute with G, a joint representative of the F, D attempted to change the affiliation of the HH project team under the Defendant’s control, but did not obtain approval, retired the Defendant on February 14, 2017.

The fees to be recovered as of December 23, 2016, as a result of partial invalidation of the recruitment contracts of insurance solicitors under D, exceed KRW 80,000,00,000, and now exceeds KRW 200,000.

[Reasons for Recognition: Facts without dispute, Gap 1, 2, Eul 1 through 9, witness D, I's testimony, the purpose of the whole pleadings]

2. Whether the instant mortgage right was terminated on February 14, 2017

A. While D’s work, the Plaintiffs did not incur the secured obligation of the instant right to collateral security, and notified the termination of the instant contract to collateral security upon D’s retirement, and the Defendant consented thereto, thereby arguing to the effect that the instant right to collateral security should be cancelled.

B. However, as seen earlier, the instant mortgage was established to secure the obligation to recover insurance commission, etc., and thereafter, it can be seen that there still exist still the secured obligation due to the continued restitution fee.

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