beta
(영문) 대구고등법원 2021.01.14 2020나24732

근저당권말소

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above revoked part is filed.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against B, etc. 1) filed a lawsuit against B, etc. for the claim for reimbursement amounting to the Daegu District Court 97Gadan98564, which was decided in favor of the above court on August 25, 1998, and the above judgment became final and conclusive around that time.

2) In order to extend the period of extinctive prescription, the Plaintiff filed a lawsuit against B, etc. for the claim for reimbursement reimbursement against Daegu District Court 2008 Ghana 96953, which was rendered a favorable judgment on February 13, 2009 by the said court, and the said judgment became final and conclusive around that time.

3) Claims for indemnity against B filed by the Plaintiff according to the said final judgment are equivalent to KRW 6,545,02,957 in total of KRW 6,111,569,417 as of December 6, 2018, and interest KRW 43,453,540, as of December 6, 2018.

4) On February 5, 2003, the Plaintiff received a provisional attachment decision (Seoul District Court Decision 2003 Kao 491, Seoul District Court 2003 Kao 491, Seoul High Court dedicated to Kimcheon-si, Seoul High Court dedicated to the provisional attachment registration (hereinafter "registration of provisional attachment of this case") with respect to each of the real estate of this case as preserved claims, and accordingly, the provisional attachment registration on February 6, 2003 (hereinafter "registration of provisional attachment of this case") was completed.

B. As to each of the instant real estate, including the creation of the Defendant’s right to collateral security, ① the obligor B, the mortgagee C (including only the name before and after the opening of the name; hereinafter the same shall apply) and the registration of the creation of the right to collateral security (hereinafter the “registration of the right to collateral security”) with the maximum amount of KRW 100 million was completed on June 3, 1994, which was received as No. 8521 on June 3, 1994 by the Gu Office of the Daegu District Court (Seoul District Court), and ② the right to collateral security was additionally recorded as the Defendant’s right to collateral security (hereinafter the “right to collateral security”). On March 7, 2006, the Daegu District Court issued as No. 22072, Apr. 6, 2007, No. 20072, Mar. 7, 2006, the right to collateral security was additionally recorded as the Defendant’s right to collateral security (hereinafter the “right to collateral security”).

(c)

The active property of the insolvent B shall be the real estate of this case and the real estate of paragraph 4 of the attached list.