beta
(영문) 창원지방법원 2018.05.18 2017가단107011

근저당권말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff filed a claim for reimbursement against B, etc. with the Busan District Court 2002Kadan997, which was sentenced to the judgment in favor of the Plaintiff on March 26, 2002. (2) The Plaintiff filed a claim for reimbursement reimbursement against B, etc. under the above judgment as the court 2012Ga 70800 in order to interrupt the extinctive prescription of the claim for reimbursement amount.

On July 13, 2012, this Court rendered a joint and several judgment of 51,754,034 won and its 17% per annum from December 10, 1997 to January 31, 1998; 25% per annum from the following day to December 31, 1998; 18% per annum from the following day to February 22, 2002; 25% per annum from the following day to the date of full payment; 30% per annum from the day to 25% per annum; 30% per annum from the following day to the date of full payment; 30% per annum from the following day to 25% per annum; 198% per annum from the day to the date of full payment; 3.0% per annum from the day to 25% per annum; 198% per annum from the day to 25.29% per annum; and 198% per annum from the date of full payment.

B. The Defendant’s right to collateral security 1 B is each real estate listed in the separate sheet on March 23, 1989 (hereinafter “instant real estate”).

(2) On September 1, 1997, B completed the registration of ownership transfer with respect to B, under the joint and several sureties of F, G, and H, “150,000,000 won from I at an annual interest rate of 12% per annum and due date of repayment on September 1, 1999, and issued a promissory note with a maturity of 150,000,000 won for the instant real estate for the security of the said obligation and payment with a promissory note for the repayment of the said obligation,” and issued a certificate of borrowing on September 1, 199, and one promissory note with a face value of 150,00,000 won per day.”

3 I shall on September 1997.