(영문) 서울중앙지방법원 2019.02.20 2018나25754

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(영문) 서울중앙지방법원 2019.02.20 2018나25754

근저당권말소

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1. Revocation of a judgment of the first instance;

2. As to the real estate stated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. On January 12, 2016, with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”), the establishment registration of mortgage was completed, which was concluded on January 11, 2016, with the maximum debt amount of KRW 250,000,000,000, the debtor C, the mortgagee of the right to collateral security, the Defendant of the right to collateral security, and the grounds for registration as of January 11, 2016 (hereinafter “instant mortgage contract”).

(B) The foregoing registration is “the establishment registration of a mortgage prior to the instant case,” and the right to collateral security (hereinafter “instant right to collateral security”).

As of January 11, 2016, a document evidencing the establishment of a mortgage of this case was prepared in the name of a creditor and a mortgagee, a debtor C, or a plaintiff of a right to collateral security (hereinafter “instant document”). The main contents are as follows.

Article 1(Scope of Claim Secured) The right to collateral security under this contract covers the price of goods to be paid under a contract for goods supply between C and the defendant.

Article 2 (Peremptory Amount of Claim) The right to collateral security shall be secured to the extent of KRW 250,000,000,000.

C. On January 11, 2016, C entered into a contract for the supply of goods with J Co., Ltd. (hereinafter “J”) to be supplied with black boxes for vehicles (hereinafter “instant contract for the supply of goods”), and agreed as follows.

Article 1 (Purpose) J shall supply C with vehicle booms and their peripheral devices, their parts and software on the basis of mutual trust, and C shall be supplied with the goods of the J and sell them to the end-user at the responsibility of C and at the expense of C and settle the proceeds of goods as determined by the J.

(1) supply products at the rate of the amount of initial contract security.

(2) 70% of the amount due to the provision of collateral and establishment of collateral security may be extended through subsequent consultation.

(4) If subsection (1) and (2) of Article 2 above are not settled, the J may promptly sell and sell the property created by C as security.

유사 판례

-부산지방법원 2015.10.30 2014가단41175

-대전지방법원 2017.05.24 2016가단7217

-수원지방법원 2016.01.21 2014가합9093

-서울중앙지방법원 2019.11.12 2019가단5006006

-수원지방법원 2018.10.26 2018나55760