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1. The Defendant’s right to collect earth and stones listed in the attached list on September 28, 2012 is based on a transfer contract with the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 9, 2012, the Defendant obtained permission to collect earth and stones (hereinafter “instant permission to collect earth and stones”) with the same content as the attached Form as to forest land No. 69,796 square meters in five lots, located outside the Danan-gun, Jeonan-gun, Jeonan-gun, the Plaintiff owned by the Defendant.
B. On the other hand, on September 28, 2012, the Plaintiff and the Defendant agreed to transfer the right to permission to collect earth and stones of this case and all the subsequent rights to the Plaintiff, if the Defendant is unable to repay the loan to the Plaintiff, to the Plaintiff, in obtaining a loan from the Nonghyup Bank in the name of Nonparty LFC Co., Ltd. (hereinafter “Non-Party LFC”). The Plaintiff and the Defendant agreed to transfer the right to permission to collect earth and stones of this case and all the subsequent rights to the Plaintiff if the Defendant is unable to repay the loan.
(hereinafter “instant transfer agreement”). C.
around September 28, 2012, Non-party LIC borrowed KRW 1.5 billion from the Nonghyup Bank with the repayment period fixed on September 28, 2013. The Plaintiff provided each of the instant land to the Nonghyup Bank as collateral in accordance with the instant transfer agreement.
Accordingly, around September 28, 2012, the Plaintiff and Nonghyup Bank concluded a mortgage agreement with the maximum debt amount of KRW 516 million regarding each of the instant lands as to each of the instant lands, and the establishment registration of mortgage was completed regarding each of the instant lands as to each of the instant lands.
Defendant and Nonparty ELC had been extended on September 28, 2014 by December 15, 2013 among the above loans, the sum of KRW 300 million on October 15, 2013, and KRW 100 million on November 15, 2013, and the repayment period for the remaining loans was extended on September 28, 2014. The repayment date was extended on September 28, 2015. From March 2015, the interest on the above loans was overdue.
E. On June 9, 2015, the NongHyup Bank notified the Plaintiff of the fact of arrears and notified the Plaintiff that it will proceed with the legal procedure if it fails to pay the principal and interest of the loan by June 12, 2015.