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(영문) 수원지방법원평택지원 2019.11.28 2018가단64823
근저당권말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Since 2004, D, which operated plastic plastic manufacturing business, with the trade name of “B”, was changed from “B” to “B”, to “F” corporation on October 4, 2004, and changed to the current trade name on April 30, 2015.

(2) On March 20, 2004, D concluded a contract with a synthetic resin product and received synthetic resin product (hereinafter “mortgage”). D concluded a mortgage contract with a maximum debt amount of KRW 50,000,000 with respect to the instant real estate, and the debtor D and the mortgagee as the defendant (hereinafter “mortgage”) with regard to the instant real estate, and the contents relating to the instant case are as follows.

On March 25, 2004, the establishment registration of a neighboring mortgage contract was completed on the instant real estate.

The mortgagee and the mortgagee of a right to collateral security: The mortgagee of a right to collateral security (establishment of a right to collateral security) under Article 1 (Creation of a Right to collateral security) shall set up the right to collateral security under his/her ownership on the things and their appurtenant buildings, as stated below, in order to jointly secure all the obligations, such as a sales contract, a letter, a payment certificate, etc., which the obligor bears or will incur to the obligee within the scope of the said amount, and all the obligations arising out of, and all the obligations arising out of, a bill, a check, or commercial transaction, which the obligor bears or will incur to the obligee within the scope of the said amount.

B. 1) On December 28, 2006, G Co., Ltd. for the same purpose as C on December 28, 2006 (hereinafter “G”).

(2) On February 13, 2007, the agreement was concluded between the Defendant, D, and D on the change of the right to collateral security due to the counter-performance of debt between G, a joint representative director, and the content thereof are as follows:

Pursuant to this contract, on February 13, 2017, registration to change the debtor of the instant right to collateral security to G was completed with the overlapping acceptance of the fixed debt as the grounds for registration.

The claim for the right to collateral security of this case shall be obtained with the consent of the former debtor.

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