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(영문) 수원지방법원평택지원 2015.12.09 2015가단41362
근저당권말소
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant shall register Suwon District Court’s Eunpyeong Housing Site Costs, and on November 7, 2013.

Reasons

1. Basic facts

A. On October 15, 2013, the Berne Company, Inc. (hereinafter “Berne”) entered into a continuous commodity contract (hereinafter “instant commodity contract”) with the Mastain Co., Ltd. (hereinafter “Mastain”) to provide all goods handled by the Mastain.

B. On November 7, 2013, the Plaintiff entered into a mortgage agreement, which is a maximum debt amount, 30 million won with respect to the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”), the obligor’s luxity, and a mortgage agreement, which is a mortgagee’s luxity, with respect to the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”) with the luxity on November 7, 2013. On November 7, 2013, the Plaintiff completed the registration of the Suwon District Court’s Pyeongtaek Housing Site and the registration of the establishment of a mortgage (hereinafter “mortgage”). On November 7, 2013, the Plaintiff completed the establishment of a mortgage (hereinafter “mortgage”).

C. However, in the instant goods contract and the instant mortgage contract, the term of existence or settlement period was not specified, and there is no other agreement regarding the method of determining the secured obligation.

On the other hand, while the Maston did not provide for any goods to Maston, the instant right to collateral security was transferred from Maston to the Defendant on the ground of a final claim transfer as of December 6, 2013, and the registration of the transfer of the right to collateral security in the name of the Defendant was completed as of December 6, 2013, as of the instant real estate was received from Suwon District Court, and as of December 6, 2013, the registration of the right to collateral security was completed.

E. On June 5, 2014, the Plaintiff sent a content-certified mail that contains the intent to terminate the instant mortgage contract on the grounds of the absence of the obligation to pay goods, etc., and the said content-certified mail reached the prosperity around that time.

[Ground of recognition] Unsatisfy, Gap evidence 2, 3, 4, Eul evidence 1-2, respectively.

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