The validity of the Plaintiff’s claim against the Defendant for cancellation of collateral security

The registration of establishment of a neighboring mortgage in the name of the defendant company must be cancelled as a nullity of the cause, and the defendant Republic of Korea has an obligation to express his/her consent on the registration of cancellation of the above collateral security registration.

2012 Ghana 102984 De-mortgage

IsaA

1.BB Co. 2. Korea

Decisions

1. Defendant BBB Co., Ltd. shall implement the registration procedure for cancellation of the registration of the establishment of a mortgage, which was completed with No. 408 on January 3, 2003 by the Suwon District Court No. 408, while the Plaintiff, and the OOO No. 38-18 on the OO No. 38-18 on the O.

2. The defendant Republic of Korea shall receive the payment of OOO Won from the plaintiff, while the plaintiff shall express his/her consent to the registration of cancellation of the registration of the establishment of the establishment of the neighboring mortgage in paragraph 1.

3. The plaintiff waives the remaining claims.

4. The costs of lawsuit shall be borne by each person;

Description of Claim

The claims and grounds for the claims shall be as specified in the attached Form.

Cheong-gu Office

1. As to the Plaintiff, Defendant BB Co., Ltd. with respect to the size of 1,814 square meters prior to OO-O-O8,000 O-O-O8, Suwon District Court Seosung District Court (No. 408 of Jan. 3, 2003), the procedures for registration of cancellation of the registration of the establishment of a neighboring mortgage completed as No. 408 of Jan. 3,

2. Defendant Republic of Korea declares its consent to the Plaintiff on the registration of cancellation of the establishment registration of the neighboring mortgage under paragraph (1).

3. The costs of lawsuit shall be borne by the defendants.

I request a judgment of "."

Cheongwon of the Gu

1. As to the registration of establishment of a neighboring mortgage of this case and the process of extinguishment of secured debt of this case

A. On January 2003, the Plaintiff agreed to be supplied with animal drugs from Defendant BB Co., Ltd. (the name of the company before the mutual change: CCC medicine Co., Ltd.; hereinafter referred to as “Defendant Co., Ltd.”), and was demanded to provide a security with payment guarantee for the drug price, and completed the registration of the establishment of a neighboring mortgage as stated in the purport of the claim regarding the land owned by the Plaintiff (Evidence A No. 1).

B. The Plaintiff traded animal medicine with the Defendant Company, and settled the accounts on September 22, 2009, and terminated the transaction on September 30 of the same month.

The defendant company transferred the price of medical supplies to the plaintiff to the non-party DDR and notified the plaintiff of the assignment of the claim on September 23, 2009. However, since the plaintiff settled as above, it is not obligated to pay the price of medical supplies to the defendant company.

On the other hand, under the premise that the defendant company has a claim for the price of medical supplies against the plaintiff, the defendant company attached the claim for the collateral against the plaintiff of the defendant company to the Suwon District Court No. 46 of January 4, 2010. However, the seizure of the defendant Republic of Korea is null and void since it does not exist the claim for the collateral of the collateral.

C. 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 additional registration in the registration of the establishment of the right to collateral security is to disclose the seizure of the right to collateral security because the seizure of the right to collateral security becomes effective even in the right to collateral security, which is subordinate to the secured right, 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 when the right to collateral security is cancelled, the seizure holder shall be a third party with a interest in the registration and shall express his/her consent to the cancellation of the right to collateral security (Supreme Court Decision 2003Da7041 Decided May 28, 2004).

D. As above, the registration of the establishment of a neighboring mortgage in the name of the defendant company, which was completed in the real estate stated in the purport of the claim, should be cancelled as a cause invalidation, and the defendant Republic of Korea has the obligation to express his consent on the registration of cancellation of the above collateral security registration.

2. Conclusion

Therefore, the plaintiff has reached the claim of this case to seek a judgment as stated in the purport of the claim.