근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 22, 1993, the Plaintiff concluded a credit guarantee contract between B and B between B and the guarantee period from April 22, 1993 to April 21, 1994 with respect to the obligations to be loaned by the National Agricultural Cooperative Federation of Korea from 30 million won, and the guarantee period from April 22, 1993.
B. B obtained a loan of KRW 30,00,000 from the above financial institution on April 22, 1993 by using a credit guarantee certificate issued by the Plaintiff, but the Plaintiff failed to repay the loan thereafter, and the Plaintiff subrogated for KRW 29,805,893 on December 15, 1994.
C. The Plaintiff won the claim for reimbursement against B by filing a lawsuit against the Jeonju District Court 97Da3021, and the judgment was rendered on August 31, 2007, stating that “B shall pay the Plaintiff KRW 29,903,432 and its delay damages,” which became final and conclusive around that time.
On the other hand, on November 19, 198, B completed the registration of ownership transfer based on the sale on October 13, 198 with respect to the real estate listed in Paragraph (1) of the annexed Table No. 1 (hereinafter “instant land”) on November 19, 198. On June 30, 1989, B completed the registration of ownership preservation with respect to the real estate listed in Paragraph (2) of the annexed Table No. 2 (hereinafter “instant building”).
E. On January 25, 1993, between B and B, the Defendant concluded a mortgage agreement with the maximum debt amount of KRW 400,000,000, and the debtor B and the mortgagee A with respect to the instant land and building as joint collateral. As to the instant land and building, the Defendant completed the registration of creation of a neighboring mortgage by the Jeonju District Court No. 2517, Jan. 28, 1993.
(B) On July 1, 1998, the Plaintiff received a provisional attachment order issued by the Jeonju District Court 98Kadan6882 on July 3, 1998, and completed provisional attachment registration on the instant land and buildings on July 3, 1998, and B is currently insolvent.
[Ground of recognition] There is no dispute.