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(영문) 대전지방법원 2016.06.10 2015나109384

근저당권말소

Text

1. Revocation of a judgment of the first instance;

2. Nonparty F:

A. As to the real estate listed in the attached list, Defendant A.

Reasons

1. The reasoning for the court’s explanation on this part of the underlying facts is as stated in the corresponding part of the reasoning of the judgment of the first instance except for adding “F.F. is insolvent as of the date of closing argument of the instant case” to “3, 2006.3.21,” and “F.F. is insolvent as of the date of closing argument of the instant case,” under Article 420(1) of the Civil Procedure Act.

2. The parties' assertion

A. The plaintiff's assertion is the F's creditor, and for the following reasons, the plaintiff seeks cancellation of the registration of the establishment of each of the instant mortgages against the defendants by subrogation of F.

1) Defendant A and net G did not perform any act of execution 15 years after the completion of the registration of creation of each of the instant collateral security regarding the instant real estate by the Defendants. Defendant A and G in collusion with F and completed the registration of creation of each of the instant collateral security agreements. As such, each of the instant collateral security agreements constitutes false conspiracy with F, and is null and void, or there is no legal act establishing each of the instant collateral security agreements. 2) Even if the secured claim of each of the instant collateral security agreements exists, each of the instant collateral security claims against F were extinguished after the lapse of 10 years from August 20, 200, each of the instant claims against the Defendants against F, even if the secured claim of each of the instant collateral security agreements was established.

B. Defendant A’s assertion on July 31, 200, lent the same amount to F in lieu of the loan obligation of KRW 15,000,000 to F in lieu of the loan obligation of KRW 15,000,000 to F. Thus, Defendant A has the loan obligation of KRW 15,00,000 against F.

In addition, Defendant A and I agreed to repay the debt of KRW 20,000,000 to H in lieu of the loan obligation of KRW 20,000,000 to H in good agricultural practice, which is incurred by H and F in lieu of the loan obligation of KRW 20,00,00,00 to H and F in lieu of H in good faith, to repay the debt of KRW 20,000 to H and F in the future.