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(영문) 대전지방법원 2016.09.06 2015가단217970
근저당권말소
Text

1. As to the real estate listed in the attached list to the Plaintiff, Defendant A:

(a) receive April 4, 2014 from the Cheongju District Court.

Reasons

1. Basic facts

A. Defendant A completed the establishment registration of a mortgage on May 3, 2006, and on April 26, 2006, on the instant real property owned by Defendant A, the establishment registration of a mortgage (hereinafter “the establishment registration of a mortgage on March 9, 2008”) consisting of the contract and the maximum debt amount of KRW 100 million, the debtor B, and the e-sports corporation under the right to collateral security (hereinafter “e-sports”) and the priority number of January 9, 2008, No. 6, the establishment registration of a mortgage on January 7, 2008, the contract, the maximum debt amount of KRW 100 million, B, and the right to collateral security (hereinafter “the establishment registration of a mortgage on June 3, 2006”), and the establishment registration of a mortgage on each of the instant real property, combined with the establishment registration of a mortgage on March 3.

B. On February 27, 2009, continental Co., Ltd. and C concluded a contract to repeatedly accept B’s obligation of collateral security arising out of the contract on April 26, 2006 and the contract on January 7, 2008, concerning the instant real estate, which had been borne with respect to B’s age sports.

C. On February 27, 2009, Defendant A completed each registration of modification on the ground that the debtor of the establishment registration of each of the instant neighboring areas was the continental and C, and that it was based on overlapping contract acceptance.

On March 1, 2009, Defendant A consented to provide the obligor’s continental, C, and B with the instant real estate as collateral for the obligor’s continental, C, and B, and prepared a written consent to provide collateral with the purport that the establishment of the right to collateral security of KRW 200 million with the maximum debt amount

E. On March 12, 2009, the Age Sports and the continentals entered into a sales contract, and the Plaintiff entered into a performance guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with the amount of insurance coverage amounting to KRW 100 million and the insurance period from February 15, 201 to February 14, 2012 in order to guarantee the obligation to pay credit goods to be borne by the continental sports in accordance with the said sales contract.

F. The instant case.

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