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(영문) 수원지방법원 2016.10.13 2016가단20059
근저당권말소
Text

1. The defendant on October 23, 2006, as to the real estate stated in the attached list to the plaintiff.

Reasons

1. On October 23, 2006, the Plaintiff, as the owner of the real estate indicated in the attached list, completed the registration of creation of a neighboring mortgage (hereinafter referred to as the “registration of creation of a neighboring mortgage”) on October 16, 2006 with the Defendant as the maximum debt amount of 40,00,000,000 won, the obligor B, C, and the mortgagee as the Defendant on October 23, 2006, may not be disputed between the parties or be recognized by the evidence No. 1.

2. The parties' assertion

A. Plaintiff 1) The Plaintiff, as a surety, set up the instant collateral in order to secure C’s obligation for the purchase price of printed forms for the Defendant, with a view to securing C’s obligation for the purchase price of printed forms for the instant construction site. However, C fully repaid the purchase price of printed forms for the instant construction site to the Defendant, and thus, C extinguished the secured obligation of the instant collateral. (2) Since the sale price of printed items for the instant construction site was suspended on around 206, the period of extinctive prescription expired five years after the suspension of the transaction.

B. On October 16, 2006, while Defendant Company D (hereinafter “D”) traded a printing paper, the Defendant completed the registration of the establishment of the instant neighboring mortgage in order to secure D, B, and C’s obligations under the joint and several surety and the real guarantee agreement of the Plaintiff, the representative director of D on October 16, 2006. The Defendant completed the registration of the establishment of the instant neighboring mortgage in order to secure D, B, and C’s obligations. Since the said collateral obligation for the price of the goods, which is the collateral obligation, remains due to the remainder of KRW 166,

3. Determination

A. In full view of the purport of the arguments in the evidence Nos. 1 through 4 as to the assertion on the extinguishment of the obligation due to repayment, the Defendant entered into a contract for goods supply with D on October 16, 2006, and B and C on the same day jointly and severally guaranteed the obligation of D to the Defendant. In order to secure the joint and several obligation of B and C, the Plaintiff, as a surety, agreed to set up a right to collateral security with a maximum amount of KRW 40,00,000 on the instant real estate, to the Defendant as a surety to secure the obligation of D’s joint and several obligation, and as of January 2, 2016.

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