근저당권말소등기절차이행
1. As to the real estate stated in the attached list to the Plaintiff, the Defendant shall register the Jinwon District Court's Jinju branch and July 22, 2004.
1. Facts of recognition;
A. On July 25, 2001, private credit cooperatives established and lent KRW 20,000,000 to B on July 25, 2001 at the maturity of 11.8% per annum on July 25, 2004 and at the rate of delay compensation 17% per annum.
C jointly and severally guaranteed the above loan obligations of B.
B. The Korea Deposit Insurance Corporation in bankruptcy of the Bankrupt Credit Cooperatives (hereinafter “Korea Deposit Insurance Corporation”) filed an application for provisional attachment against the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant apartment”) with the Changwon District Court as the claim claim amounting to KRW 23,219,84 of the principal and interest of the above loan claim amounting to KRW 205Kadan603, Changwon District Court, and the said court rendered a provisional attachment order on February 3, 2005.
On August 24, 2005, the bankruptcy trustee filed a lawsuit seeking the payment of the above loan with the Changwon District Court Decision 2005Gau3423, the above court rendered a judgment that "the defendant and B, etc. jointly and severally with the bankruptcy trustee shall pay to the bankruptcy trustee the amount of KRW 19,677,503 and the amount calculated by the rate of 19% per annum from January 1, 2004 to the date of full payment," and the above judgment became final and conclusive around that time.
C. On April 3, 2007, the Korean Deposit Insurance Corporation transferred the loan claims that became final and conclusive to the Plaintiff (the Plaintiff, the Plaintiff, the Korea Deposit Insurance Corporation, and notified the Defendant of the assignment of claims by content-certified mail on April 18, 2007.
The above content-certified mail reached B and the defendant around that time.
C on July 22, 2004, regarding the apartment of this case, C completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage of this case”) with the maximum debt amount of KRW 50,000,000,00, and the debtor C and the mortgagee as the defendant.
E. C is in the insolvent state at the time of completing the registration of the foregoing collateral security right and as of the date of closing the argument of this case, the passive property exceeds the active property.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including the serial number), and this Court.