beta
(영문) 창원지방법원밀양지원 2014.10.29 2013가단19726

근저당권말소

Text

1. As to the Plaintiff KRW 39,754,430 and KRW 10,00,00 among them, Defendant A shall pay to the Plaintiff the interest rate of KRW 39,754,430 from April 5, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. A. On May 26, 1997, the mutual savings and finance company, instead of being created, loaned KRW 10,000,000 to Defendant A at an annual interest rate of KRW 13.3% and annual interest rate of delayed interest rate of KRW 21%. On August 14, 2003, Defendant A transferred the Plaintiff’s claim against Defendant A, and notified the Defendant A thereof. Defendant A did not repay the said loan, and the principal and interest amount of the loan as of April 4, 2013 was KRW 39,754,430 (principal principal amount of KRW 10,00,000, interest rate of KRW 29,754,430).

B. On May 12, 1999, the registration of the creation of the right to collateral security (hereinafter “instant right to collateral security”) was completed with respect to the real estate indicated in the attached list owned by Defendant A, who died on November 15, 200 and died on May 15, 200, by the Changwon District Court, the Changwon District Court, the registration of which was received on May 12, 1999, and the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral”), which was the debtor A, and the debtor A, the mortgagee, the mortgagee, the mortgagee, and the E (the share of inheritance 3/9), respectively, inherited by the Defendant B (the share of inheritance 2/9).

C. Defendant A is currently insolvent.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, fact inquiry results by this court, the purport of the whole pleadings

2. According to the above facts of recognition as to the claim for loans, Defendant A is obligated to pay to the Plaintiff the interest rate of KRW 39,754,430 as well as the interest rate of KRW 10,00,00 as to the principal of the loan from April 5, 2013 to the date of full payment.

3. According to the above facts, the secured debt of the instant right to collateral security was extinguished on May 12, 2009 after the expiration of the extinctive prescription period of May 12, 2009, when ten years elapsed from May 12, 1999 when the registration of the establishment of the instant right to collateral security was completed. Thus, Defendant B, C, D, and E are liable to implement the procedure for registration of cancellation of the registration of the establishment of the instant right to collateral security on the real estate listed in the attached list owned by the Defendant A, which is insolvent, to the Plaintiff subrogated to the Defendant,

As to this, Defendant B, C, D, and E lent 45 million won to Defendant A who is a partner of the network F to whom he was the partner of the network.