근저당권설정등기말소
1. As to real estate listed in the separate sheet:
A. It was concluded on July 31, 2017 between the Defendant and D.
Facts of recognition
On November 17, 2016, the Plaintiff entered into a credit guarantee agreement and the Plaintiff’s subrogation agreement with a limited company E (hereinafter “E”) and guaranteed the principal and interest of loan to F Bank by E (hereinafter “the instant credit guarantee agreement”). E delayed repayment of the principal and interest of loan to F Bank, and upon receiving a claim from F Bank for the discharge of the guaranteed obligation from F Bank on October 31, 2017, the Plaintiff subrogated for 86,585,568 won to F Bank.
At the time of the Credit Guarantee Agreement, D, a representative of E, has jointly and severally guaranteed the liability for indemnity against the plaintiff of E.
D is a joint and several surety for a loan financial institution for E only a part of the loans of the above company (No. 13-2) but it seems that the entire amount of the indemnity obligations under the credit guarantee agreement of this case was joint and several surety.
D’s dispositive act D entered into a mortgage agreement with the Defendant, the head of July 31, 2017, regarding the real estate listed in the separate sheet (hereinafter “instant real estate”). On the same day, the former District Court No. 35831, Jul. 31, 2017, as the receipt of the maximum debt amount of KRW 50,000,000, the registration of creation of a mortgage was completed to the Defendant as of July 31, 2017.
(hereinafter referred to as “the establishment registration of the instant neighboring property”). D including the financial standing of D, did not have any specific property other than the instant real estate at the time of establishing the instant mortgage contract (transaction value of KRW 120 million on the register).
On the other hand, D was liable for the actual debt amounting to KRW 74,375,00 and KRW 50,000 against the Defendant with respect to the instant real estate at the time of the establishment of the instant collateral security, which was established in G, and KRW 17,323,667, which was subrogated by the former Credit Guarantee Foundation on January 29, 2018.