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(영문) 서울중앙지방법원 2020.01.31 2018가합569571
근저당권설정등기말소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 5, 2013, the Defendant loaned KRW 3,260,000,000 to B (hereinafter “B”) for the purpose of “purchase of a workplace” (hereinafter “first loan”); on the same day, the Defendant was granted the first priority collateral security right regarding the land for a factory in Daegu-gun, Daegu-gun, Inc. (hereinafter “instant land”) worth KRW 4,332,000,000 with respect to the land for a factory in this case (hereinafter “instant land”).

B. On April 29, 2014, the Plaintiff loaned the credit type of KRW 1,50,000,000 to B as a “general business fund” (hereinafter “second-class loan”); on April 30, 2014, the Plaintiff was granted the second-class collateral security right regarding the instant land with the maximum debt amount of KRW 1,80,000,000.

C. B entered into a contract for construction work with D Co., Ltd. (hereinafter “D”) around September 2014 in order to newly construct the real estate listed in the separate sheet (hereinafter “instant factory”) on the ground of the instant land.

B on November 10, 2014, the Defendant loaned KRW 2,600,000,000 as “the new construction fund of a building” (hereinafter “third loan”), and on the same day, the Defendant agreed to set up a first priority mortgage on the instant factory to be completed in the future for securing the Defendant’s third loan (hereinafter “third loan”).

The third loan was paid step by step according to the beginning of the factory of this case.

E. B completed the registration of initial ownership relating to the instant factory on November 12, 2015, and on the same day, B created a joint collateral of KRW 2,640,000 with respect to the instant land and the instant factory by setting the Defendant the Defendant’s obligation for the third loan as the secured obligation. The said joint collateral was set in the first priority as to the instant factory (Seoul District Court Seo Branch Branch Office No. 18239, Nov. 12, 2015) and the third priority as to the instant land.

On the other hand, B added the factory of this case to the object of the right to collateral security with the defendant on the same day.

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