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(영문) 수원지방법원 2016.07.21 2016가단505345
근저당권말소
Text

1. On January 20, 2016, the Defendant received on January 20, 201 from the Suwon District Court registry office as to the real estate stated in the attached list to the Plaintiff.

Reasons

Facts of recognition

On January 10, 2016, the Plaintiff entered into a housing lease agreement with B with the following terms:

The plaintiff shall lease real estate listed in the attached list to B with a deposit of KRW 100 million, monthly rent of KRW 300,000, and one year for the lease term.

In order to secure the above security deposit, the Plaintiff set up a collateral security of KRW 100 million with the maximum debt amount.

B At the same time as the establishment of the foregoing right to collateral security, the said security deposit shall be deposited at the latest with the Plaintiff’s account by January 25, 2016, and if it is violated, the said deposit shall be automatically terminated and void without any separate notice.

In accordance with the above lease agreement, the Plaintiff completed the registration of creation of the right to collateral security (hereinafter “instant collateral security”) as stated in Section 1 of the Disposition No. 100 million (hereinafter “instant collateral security”) with respect to the real estate indicated in the attached list

B did not pay 100 million won to the Plaintiff by January 25, 2016, and around the next day, documents necessary for the registration of cancellation of the registration of the establishment of the instant neighboring establishment to the Plaintiff.

On February 1, 2016, the Defendant seized the instant collateral security right claim (hereinafter “instant seizure”) and completed the registration of seizure.

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence (including the number of branch offices), Eul 1 through 3 evidence (including the number of branch offices), the whole purport of the pleading is to determine only the maximum amount of the debt to be secured, and a mortgage which is created by reserving the confirmation of the debt in the future (Article 357(1) of the Civil Act), and a security right to secure several unspecified claims arising from a continuous transaction with a view to securing a certain limit at a future settlement period.

In addition to the act of establishing the right to collateral security, there should be a legal act establishing the secured claim of the right to collateral security and establishing the secured claim of the right to collateral security at the time of establishment of the right to collateral security.

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