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(영문) 대구지방법원의성지원 2016.08.17 2016가단501
근저당권설정등기말소
Text

1. The defendant, on May 14, 2008, filed with the plaintiff with respect to the 1,461m2 in Sung-gun, Sung-gun, Sung-gun, Sung-gun, Daegu District Court's gender support, etc.

Reasons

1. Facts of recognition;

A. The Defendant, as a company engaged in the manufacture and sale of synthetic resin products, supplied building materials, such as double walls, SUS Ban, etc., to E operated by Plaintiff East C under his/her father D.

B. As a result of the supply of the above construction materials, C’s obligation to pay for the goods to the Defendant reaches KRW 26,287,360 as of March 31, 2008.

C. As to the land indicated in Paragraph (1) of the Disposition No. 1 (hereinafter “instant land”), which was owned by Plaintiff East F, the purpose is to secure the above goods payment obligation under the name of the Defendant on May 14, 2008, but the debtor is indicated as “F” in the certified copy of the real estate register.

On May 22, 2014, the registration of ownership transfer was completed in the name of the Plaintiff on May 19, 2014.

On the other hand, on April 5, 2008, C entered into a payment guarantee agreement with the Defendant to repay KRW 26,287,360,00 within the due date for the payment of the said Promissory Notes, when it delivers to the Defendant a promissory note (G) with the face value of KRW 45,70,000,000, and the due date of June 30, 2008.

(The above Promissory Notes was rejected on July 1, 2008). 【The grounds for recognition】 The fact that there is no dispute, Gap evidence No. 1, Eul evidence No. 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The Plaintiff’s assertion that the secured debt of the instant right to collateral security has ceased to exist due to repayment or completion of prescription, and thus, the Defendant seeks cancellation of the establishment registration of the instant right to collateral security.

3. Determination

(a) Even if a claim has arisen from a continuous transaction, the prescription period shall individually run from the time when an individual claim has occurred, unless otherwise stipulated, and if the claim for the price of goods falls under the price of goods sold by a merchant and is not exercised for three years pursuant to Article 163 subparagraph 6 of the Civil Act, the prescription shall expire.

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