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(영문) 수원지방법원 2019.09.03 2017가단511316
근담보권말소등기절차이행
Text

1. Defendant Incorporated Co., Ltd. shall deliver to the Plaintiff movables listed in the attached list of movables.

2. Defendant.

Reasons

1. As to the claim against Defendant Incorporated Agricultural Company B

A. Indication of Claim: The corresponding part of the “the cause of claim” and “the cause of modified claim” are as shown in the attached Form.

(b) Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. As to the claim against the defendant Industrial Bank of Korea

A. On December 21, 2016, Defendant Incorporated Company B (hereinafter “Defendant Company”) entered into a contract to establish a security interest in movable property between Defendant Incorporated Company B (hereinafter “Defendant Company”) and the Defendant Industrial Bank of Korea (hereinafter “Defendant Bank”) as to the movable property listed in the separate sheet of movable property (hereinafter “the movable property of this case”): The maximum amount of bonds:320,000,000, and the term of existence: December 21, 2016 to December 21, 2021; the debtor: the debtor company; the debtor company; the debtor company; the debtor company; the debtor company; the debtor company; the debtor company; the debtor bank entered into a contract to establish a security interest in movable property; and there is no dispute over the fact that the establishment of a security interest was completed by the registration of the establishment of the collateral security right under Articles 13:45 and 117 on the same date

(hereinafter the above collateral security interest is referred to as “instant collateral security interest”). B.

1) The Plaintiff’s assertion 1) although the instant movable property was owned by the Plaintiff, the Defendant Company completed the registration of the establishment of the instant collateral interest without permission to the Defendant Bank. Therefore, the registration of the establishment of the instant collateral interest is null and void. Therefore, the Defendant Bank is obligated to implement the registration procedure for cancellation of the registration of the establishment of the instant collateral interest to the Plaintiff. Therefore, the Defendant Bank is not the Plaintiff but the owner of the instant movable property asserted by the Defendant Bank, and even if the owner of the instant movable property is the Plaintiff, the Defendant Bank acquired the instant collateral interest in good faith with the knowledge that it was the owner of the instant movable property

C. In full view of the evidence evidence Nos. 1 through 14 and the purport of the entire pleadings as to the owner of the instant movable property, the owner of the instant movable property is the Plaintiff and the Defendant Company is the instant movable property from the Plaintiff.

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