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(영문) 수원지방법원 2015.01.15 2014가단33853

근저당권 및 지상권 말소

Text

1. The Plaintiff:

A. As to the real estate stated in the attached list, Defendant B, the Suwon District Court, the Sungwon District Court, on July 29, 2004.

Reasons

1. Basic facts

A. On July 5, 2004, in order to borrow KRW 200 million from C and D and to secure the repayment thereof, the Plaintiff entered into a mortgage contract with the maximum debt amount of KRW 25,000 (hereinafter “instant superficies contract”) as to the real estate stated in the separate sheet on July 28, 2004 (hereinafter “instant superficies contract”) and completed the registration of the establishment of a neighboring mortgage (hereinafter “instant creation of a superficies”) and the registration of the creation of superficies (hereinafter “registration of the creation of superficies”).

B. Since July 29, 2013, D died on July 29, 2013 and succeeded to Defendant B. On April 4, 2014, the Defendant Credit Guarantee Fund: (a) obtained a supplementary registration by subrogation of Defendant B, changing D from among the right to collateral security and the right to collateral security (right to collateral security) and the right to collateral security (right to collateral security) to Defendant B, the heir of D; and (b) based on the Seoul Western District Court Decision 2013Kadan5107 on provisional attachment order, the provisional attachment registration made for Defendant B’s share as the creditor (hereinafter “instant provisional attachment registration”) was completed.

C. After November 28, 2014, C renounced the instant right to collateral security and superficies, and C of the instant right to collateral security and superficies creation registration, the registration of cancellation was completed.

E. Meanwhile, on April 3, 2008, the Plaintiff repaid KRW 30 million to D on April 3, 2008; KRW 35 million to D on December 31, 2012 for the Plaintiff; KRW 25 million on January 8, 2013; and

1. Oct. 25, 100,000 won was subrogated by paying a total of KRW 115,00,000,000, and D cancelled the D shares of the instant collateral security and superficies creation registration.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 8 (including branch numbers in case of additional number), witness E's testimony, purport of whole pleading

2. (1) The defendant B was served with a complaint on the grounds of the claim.