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(영문) 의정부지방법원 2017.04.28 2016가단116411

근저당권말소

Text

1. As to the real estate stated in paragraph (1) of the attached Table No. 1 to Nonparty D, Defendant A shall file for the registration office of the Ku Government District Court.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) on October 17, 1995, the Plaintiff entered into a guarantee insurance contract with Nonparty D with the following contents, and Nonparty E stand joint and several surety for the said guarantee insurance contract. The insured amount: the insurance coverage period of Alananz’s life insurance (the name before the change: the daily life insurance (the week): 33,00,000: the insurance period from October 17, 1995 to December 15, 200: the guarantee content: (a) the obligation to guarantee the payment of principal and interest arising from the household loan (the small-sum loan guarantee insurance) was not repaid on June 15, 1999; and (b) the Plaintiff paid the above insured amount of KRW 27,66,114 as the insurance amount on March 24, 200.

3) Accordingly, the plaintiff filed a lawsuit against D and E with the Seoul District Court 200Kadan14000, and on March 2, 2001, the above court rendered a judgment that "D and E shall jointly pay to the plaintiff 27,984,463 won and 27,666,114 won with interest rate of 19% per annum from April 24, 2000 to the date of full payment." The above judgment became final and conclusive around that time. After the above judgment, the plaintiff filed a lawsuit against D for the interruption of prescription of the above judgment claim with the Seoul Central District Court 201Da1147, and received the above judgment from the above court as to "D shall be jointly and severally paid to the plaintiff 27,984,463 won and its 26,6140% interest per annum from April 1, 201 to the date of full payment."

B. (1) On the other hand, Defendant A completed the establishment registration of a neighboring mortgage on the real estate stated in paragraph (1) of the attached list owned by D on February 11, 2000 (debtor D, maximum debt amount 20,000,000) with respect to the real estate stated in paragraph (2) of the attached list owned by D on February 10, 200. (2) Defendant B completed the establishment registration of a neighboring mortgage on September 16, 1996 as to the real estate stated in paragraph (2) of the attached list owned by E on September 16, 1996.