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(영문) 인천지방법원 2017.04.14 2016가합2990
근저당권설정등기말소
Text

1. The Defendant shall receive the Incheon District Court on December 29, 2015 with respect to each real estate listed in the separate sheet from the Plaintiff.

Reasons

1. Indication of claim;

A. The Plaintiff is the owner of each real estate indicated in the separate sheet (hereinafter “each of the instant real estate”). The Defendant is the mortgagee of the instant real estate, who completed the registration of creation of a neighboring mortgage with the Defendant as the mortgagee, the mortgagee as the mortgagee, and the maximum debt amount as KRW 1 billion, under Article 118056, which was received by the Incheon District Court on December 29, 2015.

B. Around December 2015, the Defendant: (a) provided steel products to a towing goods; (b) demanded a security of KRW 1 billion for the price of the goods; and (c) upon having requested the Plaintiff to provide security; and (d) the Plaintiff and the Defendant completed the registration of creation of a mortgage over KRW 1 billion for each real estate of this case on December 29, 2015.

C. The foregoing right to collateral security was to secure the Defendant’s obligation to pay for the goods to the Defendant of the towing goods that occurred when the Defendant supplied steel to the towing goods, but the Defendant did not supply steel to the towing goods, and the Plaintiff, the Defendant, and the towing goods agreed to terminate the steel goods supply contract and the right to collateral security contract around February 2016.

The secured obligation of the above mortgage was confirmed as non-existent, and the mortgage contract was terminated.

(Y) Even if it is not so, the delivery of a preparatory document dated March 10, 2017 to the Plaintiff against the Defendant shall substitute for the cancellation of the contract to establish a right to collateral and the declaration of intention to claim the confirmation of the secured obligation).

Therefore, the Defendant is obligated to implement the registration procedure for cancellation of the registration of the establishment of a mortgage around February 2016 to the Plaintiff on the ground of termination of the contract to establish a mortgage.

2. Article 208 (3) 2, and Article 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on deemed as private capital);

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