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(영문) 서울남부지방법원 2020.11.17 2019가단252046
근저당권말소
Text

Attached Form

With respect to real property listed in the list:

A. Defendant B Co., Ltd. shall be the Daegu District Court Cheongju District Court’s Office.

Reasons

1. Facts of recognition;

A. On October 30, 2018, the Plaintiff entered into an agreement with Defendant B Co., Ltd. (the trade name before the change is “Co., Ltd. E,” without distinguishing the trade name before and after the change, and hereinafter “Defendant B”) to provide the land listed in the separate sheet owned by the Plaintiff (hereinafter “instant land”) for the instant power plant business that Defendant B is promoting (hereinafter “instant power plant business”) as the construction site. Of them, some of the special agreements related to the instant case (hereinafter “instant special agreements”) are extracted as follows.

1) The contents of the special agreement include the application for authorization and license for the construction of a F Power Plant, the establishment of a special purpose corporation, the construction and operation of a special purpose corporation, the shares, and the distribution of profits and losses, and the Plaintiff provides the site for the construction of a power plant, and at the time of the permission for a power plant, the Defendant B bears 60 million won for the period of the application for the authorization for the construction of a power plant, and 20 million won for the construction of a power plant. The period of the application for the authorization for the construction of a power plant is 60 million won for the construction of a power plant, and the expenses are 60 million won for the non-permission. However, if it is impossible for the Plaintiff to oppose the construction of a power plant

3. The purpose of setting up a right to collateral security of KRW 200 million on the site provided by the Plaintiff is to secure it when the construction of a power plant is not possible against the Plaintiff after the application was approved by Defendant B. Thus, if the construction of a power plant is not permitted or non-permission is granted within six months after the application was filed, Defendant B would immediately cancel the right to collateral security.

In addition, the arrangement as well as cancellation of collateral security if commercial development is not operated by completing the construction of a power plant even after the lapse of 12 months after approval for the construction of a power plant is granted or after the lapse of 3 years after approval for the construction of a power plant.

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