근저당권말소
1. The plaintiff's successor to the lawsuit;
A. As to each real estate listed in the separate sheet Nos. 1 to 3, Defendant C.
1. Facts of recognition;
A. The Plaintiff filed a lawsuit against A, the owner of each real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate”) with the Seoul Central District Court 2015Kadan499, which is the owner of each of the instant real estate listed in the separate sheet (hereinafter referred to as “the instant real estate”), and the said court rendered a judgment on June 23, 2015 that “the Defendant (A) shall pay to the Plaintiff (the instant Plaintiff) 36,58,390 won per annum 24% per annum from January 1, 1999 to June 30, 199, and 20% per annum from the following day to the date of full payment,” and the said judgment was served to A on June 25, 2015 and finalized on July 9, 2015.
B. On November 7, 191, A entered into a mortgage contract with Defendant D on the fourth real estate of this case with the maximum debt amount of KRW 20,000,000, and the debtor A and the defendant D with the right to collateral security, respectively, and ordered the defendant D on November 11, 191.
The registration of the establishment of a neighboring mortgage, such as the entry in the port, was completed.
C. As between A and E on October 11, 1994, as to the real estate of this case Nos. 1 through 3 of this case, A entered into a mortgage agreement with the maximum debt amount of 5,00,000,00 won, and the debtor A and the mortgagee E respectively, and ordered E on October 12, 1994.
On December 14, 2006, the registration of the establishment of a neighboring mortgage, such as the entry in the port, was completed, and the registration of the establishment of a neighboring mortgage, which was completed on December 14, 2006 with respect to the real estate Nos. 1 through 3 of this case, was completed.
On the other hand, the Gwangju District Court declared bankrupt against A on July 15, 2016, at the above court No. 2016Hadan0787, 2016, and 2016Ma0787, which was pending in the instant lawsuit, and appointed the plaintiff-appellant as the trustee in bankruptcy.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. Determination
A. The plaintiff in the creditor subrogation lawsuit as to whether the plaintiff's acceptance of the lawsuit is permitted, shall exercise his/her right on behalf of the debtor in order to preserve his/her own rights.