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(영문) 수원지방법원여주지원 2014.08.20 2013가단9538

근저당권설정등기말소등기

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1. The defendant shall receive on August 29, 1997 from the Suwon District Court as to the real estate stated in the attached list B.

Reasons

1. Facts of recognition;

A. On April 5, 2006, the Korea Asset Management Corporation filed a lawsuit against B against the Seoul Central District Court 2006Gahap7483, and sentenced that “Defendant B” from the above court on April 5, 2006 to the Plaintiff (Korea Asset Management Corporation) shall pay to the Plaintiff the amount equivalent to 243,749,68 won and the rate of 20% per annum from February 4, 2006 to the date of full payment.” The above judgment is the same year.

6. 17. Finality was established.

The Plaintiff acquired the claim based on the above final judgment against B from the Korea Asset Management Corporation, and obtained the succession execution clause, and notified it to B on February 19, 2013.

B. Meanwhile, with respect to the real estate listed in the separate sheet owned by B (hereinafter “the instant real estate”), the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) was completed on August 29, 1997 with the Suwon District Court No. 19236, which was received on August 29, 1997, by designating the debtor B and the mortgagee as the defendant.

C. B is the instant real estate at the market price of KRW 94,924,80,00 as active property at the time of the closing of the instant argument, and there are real estate in excess of the debt, as the instant loan debt amounting to KRW 639,893,017, and the obligation to return the lease deposit amount equivalent to KRW 5,000,000 against KRW 5,000,000 to

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged by the parties that the secured claim of the registration of the establishment of the neighboring mortgage of this case was false or extinguished by prescription after the lapse of 10 years from August 29, 1997 when the registration of the establishment of the neighboring mortgage of this case was completed. The plaintiff sought the cancellation of the registration of the establishment of the neighboring mortgage of this case in subrogation of B for the purpose of preserving B's claim

As to this, the defendant, on June 15, 1997, lent KRW 50 million to the private village-type B and completed the registration of establishment of the creation of the neighboring property of this case to secure it, and B on December 20, 2007.