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(영문) 광주지방법원해남지원 2019.07.02 2018가단2353

근저당권설정등기 말소

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1. The defendant shall receive on October 12, 2005 from the Gwangju District Court Full Registry as to each real estate listed in the separate sheet to C.

Reasons

1. Basic facts

A. C has not repaid money from several financial institutions under the Plaintiff’s credit guarantee from around 2001 to 2006. The Plaintiff paid C’s debt to C and received payment order as shown in the following table after acquiring C’s claim for indemnity from the financial institutions that lent C money under the credit guarantee agreement with C.

C

B. As to each real estate listed in the separate sheet owned by C, the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) stated in the Disposition No. 1 was completed.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. There is no legal act between the Plaintiff’s assertion C and the Defendant establishing the secured claim of the instant right to collateral security.

Even if there exists a legal act that establishes the secured claim of the instant right to collateral security, the secured claim of the instant right to collateral security has expired on October 12, 2012 after the lapse of ten years from the date of establishment of the instant right to collateral security.

Therefore, even though the right to collateral security of this case is null and void, C does not exercise its right. Thus, the plaintiff seeks cancellation of the right to collateral security of this case by subrogationing C as a creditor of C.

3. Determination as to the existence of a legal act establishing the secured claim of the right to collateral security of this case

A. The relevant legal principles determine only the maximum amount of the debt to be secured and reserving the determination of the debt in the future. Since it is a security right established to secure a certain limit in a settlement term for the future a large number of unspecified claims arising from continuous transactions, whether there was a legal act establishing a secured claim of the right to collateral separately from the act of establishing the right to collateral, and whether there was a legal act establishing a secured claim of the right to collateral at the time of the establishment of the right