근저당권말소
1. The plaintiff succeeding intervenor's claim is dismissed.
2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.
1. On July 28, 2003, when the Plaintiff’s successor claims were jointly and severally guaranteed by B, a national bank transferred loan claims of KRW 3,510,000 to D and other interest claims (hereinafter “instant loan claims”) to the Plaintiff (ex officio) under the Asset-Backed Securitization Act, and notified D of the transfer thereof on May 13, 2005. On January 26, 2018, the Plaintiff’s successor transferred the instant loan claims to the Plaintiff’s successor and notified the Plaintiff’s transfer thereof to D as the desired mother’s representative. As such, the Plaintiff’s successor had the instant loan claims against B as the preserved claim.
In real estate stated in B’s claim (hereinafter “instant land”), the Daegu District Court, Cheongdo Office of Registry No. 1799, Feb. 13, 2003, the debtor was E and the mortgagee was the defendant, and the mortgagee was the defendant of the right to collateral security at KRW 80,00,000 (hereinafter “the instant registration of collateral security”). The instant registration of collateral security (the instant registration) was completed due to the lack of a legal act establishing the secured claim, and even if there was no legal act establishing the secured claim, the instant registration of collateral security became extinct due to the completion of prescription after the lapse of 10 years from the date of conclusion of the contract. As such, the Defendant is obligated to implement the procedure for registration of cancellation of the instant registration to B.
B did not have any financial resources other than the instant land, and the Plaintiff has a preserved claim against B as above, and thus, the instant claim is filed in subrogation of B.
2. Determination
A. In full view of each of the statements in the evidence Nos. 1 through 10 as to whether the secured claim was established, the defendant extended money to E several times, and the defendant around February 10, 2003.