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(영문) 의정부지방법원 2015.01.14 2012가합13283
근저당권말소 등
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into a oil supply contract with D Co., Ltd. (hereinafter “D”) around May 2012, as a company engaging in the wholesale and retail business of petroleum, the gas station operation business, etc.

B. The Plaintiff completed the registration of the establishment of a mortgage on the instant 1 through 3 real estate (hereinafter collectively referred to as the “each of the instant real estate”) owned by the Defendants as security of the said fuel payment claim against D as follows.

(1) On June 21, 2012, the registration of cancellation was completed on August 3, 2012, when the registration of establishment of a neighboring mortgage was completed on the ground of termination of the registration of establishment of a neighboring real estate owned by Defendant B as the maximum debt amount of KRW 2 billion, the debtor D, and the Plaintiff as the mortgagee, under the order of 1) the registration of establishment of a neighboring real estate owned by the Defendant A was completed on June 21, 2012. (2) The registration of establishment of a neighboring real estate owned by the Defendant B was revoked on May 24, 2012 by the Government Registry of the District Court of the Dong-gu District Court of the Republic of Korea on May 24, 2012 as the maximum debt amount of KRW 59360,500,000,000,0000,0000,0000,000 won was completed on July 17, 2012.

3) On May 24, 2012, the registration of cancellation was completed on July 17, 2012 when the registration of creation of a mortgage was completed due to termination with respect to the establishment of a mortgage over the above three real estates owned by Defendant C, the Government Registry of the District Court’s Office of Government, 49363, which was received on May 24, 2012, with respect to the instant real estates owned by Defendant C, the registration of cancellation was completed on July 17, 2012. [Grounds for Recognition] There was no dispute, Party A’s evidence Nos. 1 through 4 (including serial numbers; the same applies

each entry, the purport of the whole pleading

2. Judgment as to the plaintiff's primary claim

A. The Plaintiff’s assertion did not issue each of the contract establishing a mortgage and the certificate of registration to the Plaintiff.

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