근저당권말소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. 1) Future Mutual Savings Banks (mutual Savings Banks, Inc., Sept. 30, 2010) changed to future Savings Banks, Inc., and the Defendant became the trustee in bankruptcy on April 30, 2013, upon bankruptcy being declared on April 30, 2013.
The Bank of Korea (hereinafter referred to as "the Bank of Korea").
A) Around December 200, the Plaintiff entered into a loan transaction agreement with the Plaintiff and repeated the procedures for repayment and new loan. 2) On November 27, 2003, the future savings bank entered into a mortgage contract with the Plaintiff regarding the instant land and building C (hereinafter “instant commercial building”) with a maximum debt amount of KRW 48.1 million for the purpose of securing the Plaintiff’s obligations related to the current and future loan transaction. Accordingly, on the 28th of the same month, the registration of the creation of a mortgage (hereinafter “instant mortgage”) with the name of the future savings bank (hereinafter “instant commercial building”) with the instant land and commercial building as joint collateral was completed.
3) On March 18, 2005, the future savings bank loaned the Plaintiff KRW 28 million at interest rate of 12% per annum and by March 18, 2008 (hereinafter “instant loan”).
(4) Around February 2006, the future savings bank filed a lawsuit against the Plaintiff seeking payment of the instant loan with Jeju District Court 2006Kadan5771, and the said court rendered a judgment on April 18, 2006 that “the Plaintiff shall pay the future savings bank KRW 28 million and its delay damages,” and the said judgment became final and conclusive around that time.
B. On March 29, 2006, upon the Plaintiff’s application for individual rehabilitation, etc. on March 29, 2006, the individual rehabilitation procedure against the Plaintiff was commenced on August 7, 2006 as Jeju District Court 2006Da2425, and on June 22, 2007, a decision to authorize the repayment plan was made.
On December 18, 2008, the same court served a notice to the future savings bank on the notice of outstanding credit, and the future savings bank on January 5, 2009 as the credit settlement amounting to KRW 28,000,000 of the loan principal of this case.