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(영문) 춘천지방법원원주지원 2019.07.18 2018가단308640
근저당권말소
Text

1.For the plaintiff: (a)

Defendant B Co., Ltd. shall support the original district court of Chuncheon with respect to the real estate stated in the attached list.

Reasons

1. Claim against Defendant B Co., Ltd. (hereinafter “Defendant Company”).

(a) Indication of claim: The part corresponding to the above defendant in the separate sheet of claim;

(b) Applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. The facts stated in the separate sheet of claim against the defendant Credit Guarantee Fund do not conflict between the parties, or are recognized by the purport of the entire pleadings as a whole, as stated in the statement in Gap evidence 1 to 11.

In case where a claim with a right to collateral security is seized, the purpose of registering the seizure of the right to collateral security by means of supplementary registration in the registration of the establishment of the right to collateral security is to publicly announce the seizure of the right to collateral security because the seizure of the right to collateral security has become effective even in the right to collateral security, which is a subordinate right upon the accompanying nature of the right to collateral security if the right to collateral security is seized. If there is no right to collateral security, the seizure order shall be null and void, and if the right to collateral security is cancelled, the third party with a interest in the registration shall express

(2) According to the reasoning of the lower court’s judgment, the lower court determined that the Defendant Company’s claim for the purchase of goods amounting to KRW 21,818,748 against the Plaintiff was set off against the amount equal to that of the Defendant Company’s claim for the return of the secured debt guarantee amount of KRW 30,000,000 on December 24, 209, etc.

Therefore, the order of seizure of the Defendant Credit Guarantee Fund, which was executed on the secured debt of the above mortgage establishment registration, should be cancelled, was also invalidated.

As such, the defendant Credit Guarantee Fund.

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