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(영문) 인천지방법원부천지원 2016.08.19 2015가합103530
근저당권설정등기말소 청구의 소
Text

1. On December 3, 2013, the Plaintiff received each real estate listed in the separate sheet from Incheon District Court.

Reasons

1. Basic facts

A. (1) On December 3, 2013, the Plaintiff and Defendant C Co., Ltd. (hereinafter “Defendant C”) drafted a mortgage agreement (Evidence No. 2) setting forth a collateral security agreement with regard to each real estate listed in the separate sheet No. 1 and No. 2, to secure “the sole obligation, joint and several obligation, surety obligation, promissory note obligation, check obligation, commercial transaction obligation, etc. that the Plaintiff incurred, or will be incurred, in the future with the Defendant C Co., Ltd. within the scope of KRW 1,345,310,50.”

(2) On December 3, 2013, Defendant C completed the registration of the establishment of a collateral security with regard to each real estate listed in the separate sheet as of December 3, 2013, as of December 1, 2013, the maximum amount of claims arising from the collateral security contract as of December 3, 2013, as of December 1, 2013, as stipulated in Article 125303 of the Incheon District Court’s receipt of the branch court support.

(B) The foregoing right to collateral security (hereinafter referred to as the “instant right to collateral security”) and the registration of the establishment of the said right to collateral security (hereinafter referred to as the “registration of the establishment

(1) On August 12, 2015, Defendant B completed the supplementary registration of the partial transfer of the right to collateral security under Article 106934 of the Incheon District Court, which received the partial transfer of the right to collateral security under Article 106934 on the ground of partial transfer of the right to collateral security on August 10, 2015.

(2) On September 1, 2015, Defendant B filed an application for voluntary auction based on the right to collateral security that was partially transferred as stated in the aforementioned paragraph D with the Incheon District Court Branch D, as to the instant real estate on September 1, 2015, and received a decision to commence voluntary auction on September 2, 2015.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including virtual number), the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The summary of the party’s assertion (1) The Plaintiff’s representative director E of Defendant C has a safety device to protect the Plaintiff’s property from creditors, such as Daewoo Construction Co., Ltd.

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