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(영문) 수원지방법원 2018.03.27 2017가단523722
근저당권설정등기말소회복등기 등
Text

1. The Plaintiff:

A. On November 4, 2015, Defendant B’s registration office of Suwon District Court as to the land indicated in the attached list.

Reasons

1. Basic facts

A. The Plaintiff A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is a corporation that engages in stipool, manufacture and sales of synthetic resin.

Defendant B is a person who is in office as an internal director of a stock company C (hereinafter referred to as “C”) that operates a wholesale and retail business of construction materials.

B. Around February 2013, the Plaintiff Company supplied goods, such as short heat, to C.

On February 6, 2013, Defendant B provided the Plaintiff Company with a security of the debt for the purchase of goods against the Plaintiff Company of the KRW 985 square meters of the wife population D (hereinafter “instant land”) at the time it owns, and concluded a collateral security contract with the Plaintiff Company as a mortgagee, the debtor C, and the maximum debt amount at KRW 200,000,00 on the same day, and completed the registration of the establishment of the neighboring mortgage (hereinafter “registration of the establishment of the instant neighboring land”) with the receipt number of Suwon District Court Registry No. 17720 on the same day.

C. After the establishment registration of the instant neighboring mortgage, the Plaintiff Company and C continued to engage in the transaction of goods and the total amount of the purchase price of goods as of the end of 2015 reaches KRW 700 million.

On November 4, 2015, the registration of the establishment of the mortgage of this case was completed with the receipt number of the Suwon District Court No. 215900 on the ground of the termination of the mortgage contract.

E. On November 9, 2015, five (5) days thereafter, the registration of creation of a collateral security right and the registration of creation of a superficies was cancelled.

On the same day, the establishment registration of a mortgage was completed, consisting of Defendant Industrial Bank of Korea, B, the debtor, and the maximum debt amount of KRW 272,400,000. On February 17, 2016, the establishment registration of a mortgage was completed on the following dates: (a) the establishment registration was completed on the part of Defendant Industrial Bank of Korea, B, the debtor, and the maximum debt amount of KRW 576,000,000, the Defendant Industrial Bank of Korea, B, and the maximum debt amount of KRW 156,000 on May 31, 2017.

[Ground of recognition] There is no dispute.

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