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(영문) 대전지방법원 2017.01.17 2015가단223401

근저당권말소

Text

1. Attached Form to Nonparty F

1. As to real estate indicated in the indication:

A. Defendant B, C, D, and E are as shown in the attached Form

2. List by Defendant.

Reasons

1. Basic facts

A. The establishment of each of the instant mortgage rights and inheritance relation 1) G on February 6, 1997, with respect to the instant real estate owned by H, G, the maximum debt amount of KRW 18,00,000, and the debtor H’s establishment registration of establishment of a mortgage (hereinafter “the instant first mortgage”) arising from a contract establishing a mortgage on February 5, 1997.

A) Upon completion of the establishment of a mortgage on February 12, 1998, A completed the establishment of a mortgage on the said real estate at KRW 20,000,000 on the ground of the mortgage contract dated February 11, 1998, and the debtor’s H, the establishment of a mortgage on the said real estate at KRW 20,000,000, and the debtor’s establishment of a mortgage (hereinafter

2) Since July 21, 201, G died on July 21, 201, and Defendant C, D, and E, the spouse of G, who is Defendant B, Defendant C, D, and E, are annexed hereto.

2. The G’s property was inherited, such as the inheritance shares.

B. The Plaintiff’s claim against H and his inheritance relationship 1) H is Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance”).

(2) On September 26, 2003, the Plaintiff, upon receiving a loan from the Plaintiff, entered into a credit guarantee agreement with the Plaintiff, setting the insurance coverage amount of KRW 8,800,000, and the insurance coverage period from December 10, 2012 to December 9, 2003. (2) On March 10, 2004, the Plaintiff, who caused a credit guarantee accident, subrogated for KRW 8,733,179 as to H’s liability for life insurance in accordance with the said credit guarantee agreement.

3) The Plaintiff filed a lawsuit against H to claim for reimbursement with the Daejeon District Court 2013 Ghana108977. On November 28, 2013, the said court rendered a decision of performance recommendation that “H shall pay to the Plaintiff the amount of KRW 17,549,863, which was calculated at the rate of 20% per annum from October 27, 2012 to the date of full payment.” The said decision of performance recommendation was served to H on December 9, 2013, and became final and conclusive as of December 24, 2013, H inherited the property of H to the spouse on February 18, 2014, F to the Daejeon Family Court approved on May 21, 2014 as the above notification was accepted on May 21, 2014.

[Ground of recognition] There is no dispute.