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(영문) 청주지방법원 2020.06.10 2019가합507
공장광업재단기계기구목록경정등기절차이행
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On September 20, 2016, the Plaintiff: (a) on September 20, 2016, indicated in the second class neighborhood living facilities No. 4 E through F of the building attached thereto, Seowon-gu, Seowon-gu, Seowon-gu, the Defendant owned (hereinafter “factory Mortgage Act”) and the attached table 2 attached thereto.

(C) As to Article 6’s list C, the registration of the establishment of a mortgage, which is the maximum debt amount of KRW 240,000,000, and the debtor, the defendant, and the plaintiff of the right

(hereinafter “instant collateral security”). B.

Although the Plaintiff and the Defendant agreed to include machinery and apparatus listed in the separate sheet No. 1 at the time of the instant mortgage contract in the subject matter of the right to collateral security, the Plaintiff and the Defendant, by mistake, has completed the establishment registration of the right to collateral security regarding machinery and apparatus listed in the separate sheet No.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 8 and 9 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff and the Defendant agreed to include machinery and apparatus listed in the separate sheet No. 1 at the time of the instant mortgage contract in the subject matter of the right to collateral security, but by mistake, omitted machinery and apparatus listed in the separate sheet No. 1 and completed the establishment registration of the right to collateral security, and therefore, the Defendant is obliged to implement the procedure for registration of correction to correct the subject matter of the right to collateral security.

3. The registration of correction refers to a registration to change the registered matters so as to comply with the substantive relationship by correcting or supplementing the relevant part of the existing registration in order to correct any error or omission in part of the existing registration from the time of registration, where such registration is not originally inconsistent with the substantive relationship. Thus, if a party files an application for registration with the same content as a document proving the grounds for registration and the registration of such content is completed, it is erroneous or erroneous from the time of

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