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(영문) 부산지방법원 2015.07.07 2014가단252326

근저당권말소

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1. The defendant on September 7, 2004, as to each real estate listed in the separate sheet to the plaintiff, Busan District Court's Busan District Court's Busan District Court.

Reasons

1. Facts of recognition;

A. The plaintiff filed a lawsuit against B on February 7, 2004 against Busan District Court Decision 2004Gapo52347, and the above court rendered a decision on performance recommendation with the purport that "B shall pay to the plaintiff the amount of KRW 16,030,007 and the amount of KRW 19% per annum from September 27, 2003 to the date of delivery of a copy of the complaint, and the amount of KRW 20% per annum from the next day to the date of full payment." The above decision on performance recommendation was finalized on February 26, 2004.

B. The Plaintiff filed a lawsuit against B for the interruption of extinctive prescription for the remaining debt upon the decision on performance recommendation as Seoul Central District Court 2013Gada6179152, and the said court rendered a favorable judgment against B on March 19, 2014, that “B shall pay to the Plaintiff 14,391,260 won and 7,004,761 won with interest of 20% per annum from March 1, 2006 to the date of full payment,” and the said judgment became final and conclusive on April 30, 2014.

(hereinafter “instant claim for indemnity”). C.

On the other hand, on September 6, 2004, B entered into a mortgage agreement with the debtor B, the maximum debt amount of 30,000,000 won with respect to each of the real estate listed in the separate sheet as indicated in the separate sheet, and the Busan District Court of Busan District Court completed the registration of creation of a neighboring mortgage (hereinafter “instant mortgage”) as No. 3430, Sept. 7, 2004, which was accepted on September 7, 2004.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. The parties' assertion

A. In the light of the Plaintiff’s assertion, since there is no secured debt of the instant right to collateral security, or the statute of limitations expire, the Plaintiff seeks implementation of the registration procedure for cancellation of the establishment registration of the instant right to collateral security in subrogation of B in order to preserve the claim for reimbursement.

Preliminaryly, the instant case is subject to a debt repayment contract entered in the separate sheet concluded on November 15, 2014 between the Defendant and B.