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(영문) 서울중앙지방법원 2020.06.24 2019나43131

근저당권말소

Text

1. Revocation of the first instance judgment.

2. The defendant shall make to B the Chuncheon District Court as to the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) between B and B on March 6, 2000, the Plaintiff concluded a credit guarantee agreement with respect to a general loan from E bank, and B obtained a loan of KRW 50,00,000 from E bank pursuant to the above credit guarantee agreement. (2) However, as B was unable to repay the above loan, the credit guarantee accident occurred on March 15, 2004, and the Plaintiff subrogated for KRW 45,645,263 of the remaining principal and interest of the loan to E bank on May 21, 2004.

3) The plaintiff filed a lawsuit against B on May 12, 2006 against the Seoul Central District Court 2006Kadan85493, and the above court rendered a judgment that "the defendant shall pay the plaintiff 46,094,703 won and 45,645,263 won with 18% per annum from May 21, 2004 to May 31, 2005, 15% per annum from the next day to March 17, 2006, and 20% per annum from the next day to the day of full payment." The above judgment becomes final and conclusive (hereinafter referred to as "final and conclusive judgment").

(4) On June 1, 2016, the Plaintiff filed an application for payment order with the Seoul Western District Court No. 2016Da41044 to extend the prescription period of claims based on the above final judgment against B on June 1, 2016, and the said court issued the payment order upon the Plaintiff’s application on June 2, 2016.

5) As of June 28, 2018, as of June 28, 2018, the remaining principal and interest claims based on the Plaintiff’s final judgment on the foregoing B are KRW 132,550,165 in total. 6) B is currently insolvent in excess of the positive property.

B. 1) The Defendant: (a) on March 12, 2004, the real estate indicated in the separate sheet (hereinafter “instant real estate”) between B and B.

2) As to the instant mortgage contract regarding the Defendant, the mortgagee B, and the maximum debt amount (hereinafter “the instant mortgage contract”) which constituted a maximum debt amount of 100,000,000

(2) On March 16, 2004, the Defendant concluded a mortgage establishment registration on the instant real estate.