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(영문) 수원지방법원성남지원 2019.02.28 2018가단230617
근저당권말소
Text

1. As to the Plaintiff’s motor vehicle indicated in the attached list

A. Defendant D Co., Ltd. was received on March 16, 2017 as the receipt No. 5445.

Reasons

1. Basic facts

A. On August 18, 2016, the Plaintiff established pursuant to the Specialized Credit Financial Business Act, which deals with facility leasing business and installment financing business, and concluded a car leasing contract (hereinafter “instant contract”) with respect to a dump truck, such as F Co., Ltd. (hereinafter “Nonindicted Company”) and a dump truck (hereinafter “instant vehicle”) as indicated in the attached list owned by the Plaintiff, with a lease term of 72 months, monthly lease fee of 3,323,90 won, and agreed that the Plaintiff owned the instant automobile ownership and the Nonparty Company only agreed to have the right to use the instant vehicle.

B. On August 22, 2016, Nonparty Company completed the owner’s new registration of the instant vehicle under its name, and on the 25th of the same month, the Plaintiff completed the registration of establishing a collateral security of KRW 95,000,000 at the claim price.

C. On March 16, 2017, when providing the instant vehicle to Defendant D as collateral, the Nonparty Company completed the registration of creation of a collateral security right with the claim value of KRW 20,000,000,000, which was received at the time of Won-si on March 16, 2017. Afterward, the Nonparty Company provided the instant vehicle to Defendant E as collateral, and completed the registration of establishment of a collateral security right with the claim value of KRW 30,00,000,000, which was received at the time of Won-si on May 19, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination:

A. In full view of the characteristics of the facility leasing (a) in which ownership of a specific object of general law is left for a facility leasing company and the purpose of legislation of the former Equipment Rental Business Act (repealed by Article 2 of the Addenda of the Specialized Credit Financial Business Act (Act No. 5374 of Aug. 28, 1997), Articles 13-2(1), 13-3(1), and 13-4 of the same Act, Articles 6 and 8(1) of the Automobile Management Act, Article 18 of the Decree on Automobile Registration.

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