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(영문) 서울서부지방법원 2015.01.22 2014가단3866

근저당권설정등기말소등기

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1. Defendant B shall have jurisdiction over each real estate listed in the separate sheet to the Plaintiff on February 1, 1992.

Reasons

1. Basic facts

A. The Plaintiff’s share acquisition registration was completed on October 29, 1991 with respect to each real estate listed in the separate sheet stating the grounds for the Plaintiff’s share acquisition (hereinafter “each real estate of this case”) and with respect to the transfer of ownership in the name C as the reason for sale and purchase as of October 15, 1991, and with respect to the ownership transfer as of June 19, 198, as of June 19, 19789, as of June 19, 198, the Plaintiff, D, and E received the ownership transfer registration for one-third share of each real estate of this case as of November 8, 2002, with the receipt of No. 47538, Oct. 21, 202, and the FF received the ownership transfer registration on July 29, 2005 as to E/3 share. < Amended by Presidential Decree No. 19654, Jul. 29, 2005>

B. On February 19, 192, C entered into a mortgage agreement with Defendant B with the maximum debt amount of 50,00,000,000 won with respect to each of the instant real estate owned by C, and the debtor C and the mortgagee B. On February 20, 1992, the registration of creation of a mortgage for each of the instant real estate was completed as of February 20, 1992 (hereinafter “registration of creation of a mortgage for each of the instant real estate”).

C. Upon the provisional attachment and seizure registration of the defendant Credit Guarantee Fund, the defendant Credit Guarantee Fund filed a lawsuit against the defendant B against the defendant Eul for the claim for reimbursement amounting to 98da47125, which was finalized on July 14, 1999, "the defendant B shall pay to the plaintiff 48,759,956 won and the amount equivalent to 17% per annum from December 27, 1993 to January 31, 1998, 25% per annum from the next day to August 31, 1998, 20% per annum from the next day to July 14, 1999, and 25% per annum from the next day to the date of full payment." The above judgment became final and conclusive at that time.

After all, the defendant Credit Guarantee Fund filed a lawsuit against the defendant B for the extension of the prescription period for the above claim for the reimbursement of the reimbursement amount by the 2009da251734, Jan. 12, 2010, "the defendant B was 48,759,956 won and the plaintiff."