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(영문) 수원지방법원성남지원 2019.04.24 2018가단234954

근저당권말소

Text

1. The defendant, on June 3, 1994, filed with the plaintiff a Suwon District Court in relation to the farmland of 1015 square meters in Suwon-si, Sunam-si.

Reasons

1. Basic facts

A. A. Around July 20, 1994, Company D loaned KRW 10 million to E, and at the time F and G jointly guaranteed the above loan obligations. The above loan obligations against Company D (hereinafter “instant loan claims”) were transferred in succession to H on December 30, 1999, and to the Korea Asset Management Corporation on December 28, 200, respectively, and finally transferred to the Plaintiff on September 18, 2012.

B. Based on the instant loan claim, D Co., Ltd. filed a lawsuit against the said E,F, and G with the Seoul Eastern District Court 96 Ghana136177, Jul. 10, 1997, and sentenced on July 10, 199 that “The Defendant (E, F, and G) shall jointly and severally pay to the Plaintiff the amount of KRW 8,125,223 and the amount equivalent to the rate of KRW 185 percent per annum from December 5, 1995 to the full payment date.” The above judgment was finalized on September 6, 1997.

C. In addition, the Korea Asset Management Corporation filed a lawsuit against E,F, and G, etc. on the instant loan claim as Seoul Central District Court 201Gada112720, and on February 21, 2011, the said court rendered a decision of performance recommendation that “The Defendant (E, F, and G) jointly and severally paid to the Plaintiff KRW 15,959,472 and KRW 4,672,223 as to KRW 18% per annum from January 24, 2011 to the date of final delivery of the instant complaint, and KRW 20% per annum from the following day to the date of full payment.” The said decision was finalized with respect to G and F, and it was also finalized as well.

On the other hand, the F died on January 29, 201, and there were two wifes and two children. The above inheritors filed a petition for adjudication on special approval with the Incheon Family Court 2018 Madan10218, and received an adjudication on acceptance of a report on qualified acceptance from the above court on May 15, 2018.

E. However, in the case of the 1015 square meters of C Forest land owned by F, the Defendant of the mortgagee, the debtor, and the maximum debt amount, as the Act No. 14617, Jun. 3, 1994, causing KRW 60 million.