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(영문) 광주지방법원 2014.05.29 2013가합53870
근저당권말소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 200 and May 2001, the Plaintiff entered into a contract with the Defendant to be supplied with the feed of the Plaintiff raised at A farm located within 19 pieces of land, such as each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant farm”). The Plaintiff completed the registration of the establishment of each of the instant neighboring places of land in order to secure the present and future feed payment obligations owed by the Plaintiff to the Defendant in relation to the operation of the instant farm.

Until December 2002, the Plaintiff supplied feed according to the above feed supply contract, and paid all the amount of the feed that occurred at that time.

B. On June 1, 2006, the Plaintiff entered into a lease contract with B, 19 parcels, including each real estate listed in the separate sheet where the farm of this case is located, with a deposit of KRW 100 million, monthly rent of KRW 18 million, and from June 1, 2006 until May 31, 2009 (However, under the lease contract, the name of the lessor was stated as C, the representative director of the Plaintiff), and agreed to sell the Plaintiff’s corporation including the leased object to B upon expiration of the lease term.

C. B purchased chickens worth KRW 460 million raised by the Plaintiff and used the Plaintiff’s trade name to operate the instant farm as it is, on January 15, 2007, and August 21, 2007, the Plaintiff entered into a contract with the Defendant for the supply of feed under the name of the Plaintiff (hereinafter “instant supply contract”) and received feed by March 201. The unpaid feed payment obligation as of November 20, 201 (hereinafter “instant payment obligation”) is KRW 277,942,402.

B After the expiration of the term of lease on June 201, 201, B intended to acquire the Plaintiff’s legal entity including the instant farm from the Plaintiff, but it is between C and the representative director of the Plaintiff.

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