근저당권말소
1. The new bank for Defendant Korea Asset Management Corporation is about the real estate stated in attached Table 1 to Defendant Korea Asset Management Corporation.
1. Determination on the claim against Defendant New Bank
(a) Indication of claims: To be stated in the corresponding part of the grounds for the claims;
(b) Applicable provisions of Acts: Article 208 (3) 2 of the Civil Procedure Act (a judgment made by a deemed as a foreigner);
2. Determination on the claim against Defendant Korea Asset Management Corporation
A. In fact, on November 18, 2003, B borrowed KRW 400 million from the Defendant New Bank Co., Ltd. (hereinafter “Defendant New Bank”) (hereinafter “instant loan”), and created the instant collateral security regarding the instant real estate as security.
B was extended KRW 500 million by Defendant New Bank on June 18, 2004.
(2) Around that time, the Plaintiff jointly and severally guaranteed the instant loan obligations and the additional loan obligations.
(3) On November 28, 2007, Defendant New Bank transferred the instant loan claims and additional loan claims to Defendant Korea Asset Management Corporation, and notified the transfer to B and the Plaintiff at that time.
(4) The instant loans and additional loans were fully repaid in the manner of remitting KRW 913,285,379 from a passbook in the name of a national bank in the name of B on December 14, 2007.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings
B. (1) The plaintiff's assertion (A) is not the principal debtor B, but the joint and several surety, the plaintiff subrogated for the loan and additional loan in consultation with the defendant Korea Asset Management Corporation.
Therefore, the Plaintiff, by exercising the right of subrogation pursuant to Article 481 of the Civil Act, requests the Defendant Korea Asset Management Corporation to implement the registration procedure of collateral security transfer, such as the statement in the claim.
(B) The Plaintiff’s right of subrogation by subrogation is ten years in accordance with the Civil Act, and the period of extinctive prescription has not yet lapsed.
In addition, the defendant's defense of extinctive prescription is good faith.