logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.12.17 2016가단5265828
근저당권말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around January 2009, the Plaintiff entered into a sales store contract with the Defendant and the Defendant’s factory machinery supplied and sold them to consumers, and with the Defendant’s design service as to the Defendant’s factory machinery (hereinafter “instant sales store contract”).

B. On January 5, 2009, the Plaintiff registered its business, and commenced the business of supplying and selling machinery from the Defendant.

C. On March 201 and May 201, the Defendant demanded the Plaintiff to offer security for the cost of supplying mechanical works. Accordingly, the Plaintiff completed the registration of creation of collateral (hereinafter “registration of creation of collateral each of the instant real estate”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff as the Daegu District Court No. 16370, Mar. 28, 201; and the receipt of May 3, 201 by the same court No. 24205, May 3, 2011; each maximum debt amount of KRW 100,000,000; and each of the Defendant with the Plaintiff and the obligee as the Defendant as the Defendant.

On December 2015, the defendant terminated the above sales store contract.

E. Since then, the Defendant did not cancel the registration of the establishment of the instant neighboring mortgage, and on October 4, 2016, the Defendant was also subject to proof of the content requiring the Plaintiff to cancel the registration of the establishment of the instant neighboring mortgage.

F. On October 31, 2016, the Defendant filed a lawsuit against the Plaintiff and C seeking compensation for damages by asserting that he/she embezzled the Defendant’s machinery as Seoul Central District Court 2016Da5254767, and that he/she participated in the lawsuit. The Defendant filed a provisional attachment order of KRW 196,590,000 with the same court as the court 2016Kadan81506, which issued a provisional attachment order of KRW 196,590,000 with respect to the instant real estate, and the provisional attachment registration of the instant real estate was completed accordingly.

(g) On November 15, 2016, after the Plaintiff filed the instant lawsuit, the Defendant cancelled the registration of establishment of each of the instant provisional seizures.

H. C, the Defendant’s employee, is C.

arrow