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(영문) 청주지방법원 2020.09.25 2019가합12029
근저당권말소
Text

The plaintiff's primary claim and the first and second preliminary claims are all dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On May 9, 2016, the Plaintiff acquired the instant right to collateral security (i.e., the acquisition of the instant real estate) the Defendant’s factory site and each real estate owned by the Defendant, which is a building, as indicated in the attached Form (hereinafter “instant

As to the registration of creation of a mortgage of this case, each of the maximum debt amount of KRW 400 million, the Defendant, and the Plaintiff of the right to collateral security (hereinafter “registration of each of the instant mortgage”).

(2) On the other hand, on March 30, 2016, the Plaintiff completed the registration of each of the instant collateral security rights (hereinafter “each of the registered collateral security rights of the C Association”) on the other hand, the registration of creation of each of the instant collateral security rights (hereinafter “C Association”) was completed on March 30, 2016.

B. On September 11, 2017, the Act on the Promotion of Small and Medium Enterprises was amended by Act No. 16172 on December 31, 2018, the name of the Plaintiff and the Defendant changed from the Small and Medium Business Corporation to the “Small and Medium Business Corporation” (hereinafter “Corporation”).

(2) As to each of the instant collateral mortgages, the Defendant agreed with the Defendant seeking a loan through a guarantee that “The Defendant will repay 50% of the loan amount to the Plaintiff out of the loan amount with the guarantee amount and re-establish the priority collective security (400 million won of the maximum debt amount) within seven days after the completion of the loan” (hereinafter referred to as “the agreement of September 1, 200”).

(2) The Plaintiff’s respective registrations of this case are above.

9. Pursuant to the Agreement on September 11, 2017, the cancellation was made on September 12, 2017 on September 12, 2017

C. Since then, on October 18, 2018, the Defendant: (a) registered the instant real estate; (b) on October 18, 2018, the D Association (hereinafter “D Association”).

The loan of KRW 1.3 billion from the recipient of the loan shall be 1.5 billion won on October 24, 2018, and shall be 1.56 billion won on the instant real property, the debtor, the debtor, and the mortgagee-mortgage.

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