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(영문) 창원지방법원 2017.10.26 2016가단21134
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. On January 19, 2011, with respect to the construction machinery listed in the separate sheet (hereinafter “instant construction machinery”), which is owned by Sungwon, Co., Ltd., Ltd. (hereinafter “instant construction machinery”), the registration of creation of mortgage (hereinafter “registration of creation of mortgage”) was completed for the Defendant’s future maximum debt amount of KRW 50 million, and for the obligor D.

B. On June 28, 2011, the Plaintiff purchased the instant construction machinery from Sungwon, Co., Ltd., Ltd., and completed the ownership transfer registration of the instant construction machinery on August 25, 201.

[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s registration of the creation of mortgage of this case is null and void, in collusion with the Defendant, even though sexual saves Co., Ltd. did not have a debt to the other creditors to avoid the compulsory execution of the other creditors.

Therefore, the defendant is obligated to execute the registration procedure for cancellation of the mortgage creation of this case to the plaintiff.

B. Considering the overall purport of evidence Nos. 1 and 2-1 and 2-2, the defendant filed a loan claim lawsuit against D with the Seoul Central District Court 2008Da81426, Feb. 6, 2009, which stated that "D shall pay the loan amount of KRW 100 million to the defendant and its delay damages," and it can be acknowledged that the above judgment became final and conclusive on February 25, 2009. Thus, it is recognized that the foregoing mortgage liability exists, and the evidence submitted by the plaintiffs alone is insufficient to reverse the above recognition.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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