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(영문) 광주고등법원 (전주) 2018.02.22 2017나11174
손해배상(기)
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Facts of recognition;

A. Attached Form between the defendant and C

1. An agreement, etc. on the transfer of security for each building listed in the list No. 1) Defendant (i.e., the trade name before the change: the target feed stock company, and the target Pampco company, Sept. 22, 2003 and Sept. 23, 2003, annexed Form C to secure the obligation to pay for the feed to the Defendant as well as D, his wife;

2. Contract to establish a right to collateral security with a maximum debt amount of KRW 200 million with respect to each immovable, etc. recorded in the list;

2. The conclusion of a contract to establish superficies on the land for each stock farm as stated in Tables 1 through 10 of List 2, and completed the registration of the establishment of neighboring mortgage and the creation of superficies on September 23, 2003 in the future of the defendant as to each of the above real estate.

hereinafter the attached Form

2. Each real estate listed in the 2nd list is “each real estate listed in the 2nd list,” and a part of the real estate is “land (or building) listed in the 2nd list according to the same list number when specifying it.”

2) On October 21, 2006, C requested the Defendant to accept the use of each of the above site, and (2) A provided additional security in the first order to the Defendant at the time of new construction of the above site on each of the above site; (3) until the establishment of additional security, C transferred all rights, including ownership, to the Defendant with respect to all of the above land’s new buildings on each of the above ground; and (4) at the time of registration of preservation of ownership, C promised to immediately establish collateral security for the Defendant, and promised to delegate the Defendant with the authority to indicate the list of unregistered buildings on each of the above land’s land’s land’s land’s land’s land’s land’s ownership to the Defendant; and (4) prepared a letter in the official column for the indication of the unregistered building’s building’s building’s

3 However, Attached Form C

1. After completing the construction of each building listed in the first list, the procedures for registering the establishment of a mortgage are not implemented, and the defendant shall attach "attached Form" in the indication column of the unregistered building among the above letters;

1. Each building to be entered in the first list shall be entered, and

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