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(영문) 창원지방법원 2019.05.29 2018가단10084
근저당권말소
Text

1. The plaintiff

A. Defendant B Co., Ltd. shall be Changwon District Court as to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff and the credit equality [Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”)];

A) The representative director of the company and C (director of the defendant company) jointly promoted D Apartment Construction Project (hereinafter “instant project”) around February 2006, Jinju-si, and establish E Co., Ltd., a project implementation company on March 20, 2006, and the plaintiff was appointed as the representative director.

B. The instant project was not implemented properly because it failed to secure land necessary for the implementation of the project thereafter.

On June 30, 2006, the Plaintiff prepared a written confirmation with respect to Defendant Company and Company F, an investor, as well as the Plaintiff. On August 3, 2006, the Plaintiff set up a collateral security (hereinafter “instant collateral security”) with respect to each real estate listed in the separate sheet owned by the Plaintiff on August 3, 2006 (hereinafter “each of the instant lands”).

DBF

C. On January 20, 2014, Defendant Republic of Korea attached the secured debt of the instant right to collateral security and completed additional registration on the grounds of delinquency, such as corporate tax, etc. of Defendant Company.

【Ground for Recognition】 against the Defendant Company: The entries in the Defendant Company A’s 1-4, Gap’s 4-6, Eul’s 3-2 through 4, and the purport of the whole pleadings

2. Determination

A. As to the part of the claim against the defendant company seeking the cancellation of the right to collateral security of this case by asserting the absence of secured claim, the defendant company was served with a notice of date in a manner not attributable to service by public notice and did not appear on the date for pleading. In accordance with Article 150(3) of the Civil Procedure Act, it shall be deemed that

Therefore, the Defendant Company is obligated to cancel the instant collateral security to the Plaintiff.

B. (i) The Plaintiff, the obligor, in a lawsuit seeking confirmation of the existence of the part of the claim against the Defendant’s Republic of Korea (i.e., the obligor).

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