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(영문) 광주지방법원장흥지원 2020.12.09 2020가단316
근저당권말소
Text

Defendant B Co., Ltd. shall make June 2008 known to the Plaintiff as to the Plaintiff’s 3002m2 square meters in Jeonjin-gun, Jeonjin-gun.

Reasons

1. Facts of recognition;

A. The Plaintiff supplied Defendant B Co., Ltd. (hereinafter “Defendant Company”) with feed, but failed to pay KRW 90,000,000,000. In order to secure the above feed price liability, the Plaintiff completed the registration of establishment of collateral security (hereinafter “instant collateral security”) on the real estate stated in paragraph (1) of the same Article, as indicated in paragraph (1) of the same Article, to secure the claim for payment of the said feed amount.

B. The Korea Trade Insurance Corporation (hereinafter “Defendant Corporation”) seized the instant collateral security claims on the ground of the Defendant Company’s claims against the Defendant Company, and completed the attachment registration by means of additional registration on June 13, 2012 at the registration of the establishment of the instant collateral security claims.

C. The Plaintiff traded with the Defendant Company by not later than 2013, and fully repaid the amount of feed at the time of completing the transaction.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above facts as to the Defendant Company, since the secured debt of the instant right to collateral security has ceased to exist as repayment, the Defendant Company is obligated to cancel the registration of establishment of the instant right to collateral security to the Plaintiff.

B. In the event that a claim bearing a right to collateral security is seized against the Defendant Corporation, the purpose of registering the seizure of the secured claim by means of additional registration in the registration of the establishment of the right to collateral security is to publicly announce the seizure of the secured claim because the seizure of the secured claim is not effective even in the case of the seizure of the secured claim, which is a subordinate right based on the accompanying nature of the right to collateral security. If there is no secured claim of the right to collateral security, the seizure order shall be null and void, and in the event of cancellation of the right to collateral security, the seizure authority shall be a third party with a interest in the registration and shall express

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