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(영문) 광주지방법원순천지원 2016.02.02 2015가단17337

근저당권설정등기말소

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1. As to each real estate listed in the separate sheet to B, the defendant shall register the Gwangju District Court's netcheon Branch, and as to each real estate listed in the separate sheet, July 15, 1998.

Reasons

1. Basic facts

A. On November 15, 2005, the Korea Deposit Insurance Corporation in bankruptcy of the Union of Macheon-nam Credit Cooperatives filed a lawsuit against C and B for a loan claim by the court 2005da25173, and sentenced on November 15, 2005, “The Defendant jointly and severally held to the Plaintiff 10 million won and the amount equivalent to 20% per annum from September 10, 2002 to the date of full payment,” and the above judgment became final and conclusive on December 23, 2005.

On September 27, 2006, the Korea Deposit Insurance Corporation for the Bankruptcy Trustee of the Ycheon-nam Credit Cooperatives, transferred the above judgment amount to the Plaintiff, and notified the Defendant of the assignment of the claim on November 1, 2006.

B. Each real estate listed in the separate sheet (hereinafter “instant real estate”) is owned by B, and on July 15, 1998, the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) on the part of “the maximum claim amount of KRW 30 million, the debtor B and the defendant of the mortgagee,” was completed as indicated in the Disposition No. 1 on July 14, 1998, on the ground of a contract to establish a mortgage on July 14, 1998.

C. B currently has no specific property other than the instant real property, and the Defendant is the words of B.

[Ground of recognition] Facts without dispute, Gap 1, 2, and 3 evidence (including a serial number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The registration of the establishment of a mortgage on the Plaintiff’s ground that there is no legal act establishing the secured claim, and it is merely a false establishment upon collusion with the Defendant, and even if the secured claim exists, there is a secured claim.

Even if the extinctive prescription is completed and invalid, it is claimed for cancellation by subrogation of B as the exercise of creditor's subrogation right.

B. As to the assertion of false declaration of conspiracy 1, a false mortgage is established by setting the maximum amount of the debt to be secured, and reserving the determination of the debt in the future, and multiple unspecified claims arising from the continuous transaction are in the future settlement period.