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(영문) 대전지방법원 2017.11.16 2017가단202392
근저당권말소
Text

1. As to each real estate listed in the separate sheet to the Plaintiff:

A. Defendant Food & Drug Co., Ltd. shall be Daejeon District Court.

Reasons

Facts of recognition

On July 31, 2006, the Plaintiff: (a) to secure the obligation for the purchase price of goods arising out of continuous goods transaction contract for the supply of goods to B operated by the Plaintiff; (b) to secure for each real estate indicated in the attached list, the mortgagee’s food, the obligor, and the maximum debt amount of 10 million won as to each real estate indicated in the attached list.

The registration of the establishment of a neighboring mortgage (hereinafter referred to as the "mortgage of this case") was completed.

On November 30, 2008, the Plaintiff discontinued the continuous transaction of goods with the Defendant’s Food Products.

Defendant Republic of Korea attached the instant collateral security right claim on August 10, 2016, and completed the attachment registration on August 16, 2016.

【In the absence of any dispute, the claim for the price of goods against the plaintiff of the defendant food for the defendant, which is the secured claim of the right to collateral security of this case, shall take three years of extinctive prescription as consideration for the goods sold by the merchant (Article 163 subparag. 6 of the Civil Act). The extinctive prescription of the claim arising from the continuous transaction relationship shall proceed individually from the time when each credit payment claim has occurred (see, e.g., Supreme Court Decision 77Da2463, Mar. 28, 1978) and the date of termination of the transaction, unless there is a special agreement on the due date).

(See Supreme Court Decision 91Da10152 Decided January 21, 1992, etc.). According to the foregoing, a claim for the price of goods arising from a continuous goods transaction contract between the Plaintiff and the Defendant-designated foods was extinguished by the expiration of the extinctive prescription on November 30, 201, when three years have elapsed since the time when the goods transaction between the Plaintiff and the Defendant-designated foods was discontinued at the latest, and thus, the Plaintiff is obliged to implement the procedure for the registration of cancellation of the registration of the establishment of the creation of a neighboring food in this case.

Judgment on the Defendant’s Republic of Korea

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