beta
(영문) 대구지방법원 2016.05.25 2015가단35710

근저당권말소

Text

1. The defendant is Daegu District Court with respect to the plaintiff B's share of 3/8 of the real estate stated in the separate sheet.

Reasons

1. Basic facts

A. Of the real estate listed in the separate sheet (hereinafter “instant real estate”), Plaintiff A owns 3/8 shares, Plaintiff B’s 3/8 shares, and Plaintiff C owns 2/8 shares, respectively.

B. Samd three Korea Credit Union lent 46 million won to D on January 28, 1997, and the plaintiff A and C guaranteed the debt of D.

Then, on January 23, 1997, on the security of D’s loan obligations, the Plaintiffs concluded a mortgage agreement on the instant real estate share amounting to KRW 59 million with the 3rd credit union, debtor D, and maximum debt amount with the creditor and the mortgagee as well as the mortgagee.

(Plaintiff B and C were a minor at the time, who is the mother of parental authority, and accordingly, the registration of the establishment of the neighboring mortgage (hereinafter “mortgage”) was completed by the Daegu District Court No. 3118, Jan. 24, 1997.

C. The Korea Deposit Insurance Corporation that was appointed as the bankruptcy of Samduk-3 Credit Cooperatives filed a lawsuit seeking the payment of the said loan against D, Plaintiff A, and Plaintiff C with the Daegu District Court 2005da61702.

In the lawsuit, "D, A, and C shall jointly and severally pay to the Korea Deposit Insurance Corporation KRW 92,383,447 and delay damages for KRW 35,953,300 among them," which became final and conclusive on October 25, 2005.

On March 5, 2006, the defendant acquired the above loan claims against D from the Korea Deposit Insurance Corporation, and accordingly was transferred on May 15, 2006.

E. Plaintiff A filed an application for bankruptcy or immunity with the Daegu District Court Decision 2006Hadan2590, 2006Ha2747, and was declared bankrupt on September 19, 2006 and granted immunity on December 13, 2006.

In addition, Plaintiff C also filed an application for commencement of individual rehabilitation procedure by 2006 Daegu District Court Decision 26962 and received a decision of commencement on August 10, 2006, and thereafter repaid KRW 12 million to the Defendant according to the authorized repayment plan and received a decision of immunity on May 31, 2013.

F. The defendant is Daegu District Court.