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1. The execution court prepared on August 11, 2016 with respect to the auction case of the real estate B in order to establish a district court of Jeonju.
Reasons
1. Basic facts
A. On June 8, 2015, the Plaintiff completed the registration of the creation of a right to collateral security (hereinafter “instant right to collateral security”) with respect to the Defendant’s gold Poode Co., Ltd. (hereinafter “Nonindicted Company”), the obligee, the maximum debt amount of KRW 150,000,000, with respect to the livestock shed (15,832 square meters and above-ground animal-related facilities owned by the Defendant (hereinafter “instant real estate”).
B. On September 7, 2015, the Defendant applied for the auction of real estate rent to this court B based on the instant right to collateral security.
C. On August 11, 2016, the executing court distributed KRW 74,910,926 out of the amount of KRW 160,867,153 to the Defendant, who is the first mortgagee, the second mortgagee, and KRW 10,750,830, who is the owner, to the Plaintiff.
[Reasons for Recognition] Gap evidence Nos. 1, 2, and 7 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 4, and the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion was established to secure only the obligation to pay the goods to the Defendant of the non-party company in the future that occurred after the date of establishment of the right to collateral security. Since there was no obligation to pay the goods to the Defendant of the non-party company after the establishment of the right to collateral security, there was no obligation to pay the goods.
B. Fact-finding 1) The non-party company started to be supplied with fishery products from the Defendant from April 6, 2015, and around June 2015, at the time of the establishment of the instant collateral security right, the balance of the non-party company’s goods payment obligation against the Defendant was KRW 74,830,000. (2) The non-party company and the Defendant drafted a product supply contract on fishery products around June 4, 2015. The non-party company set up a collateral security right on the instant real estate in order to guarantee the Defendant’s goods payment.
3. Around June 4, 2015, the Plaintiff, the Defendant, and the non-party company drafted a written contract to establish a mortgage on the instant real estate.