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(영문) 대구지방법원안동지원 2015.04.15 2014가단20387
근저당권말소
Text

1. The defendant shall receive, on January 16, 1997, the permanent resident registration office of the Daegu District Court with respect to each real estate listed in the separate sheet to B.

Reasons

1. Basic facts

A. On June 12, 2002, the Korea Deposit Insurance Corporation in bankruptcy of a permanent mutual savings and finance company for the bankrupt against B was sentenced to the judgment that "B shall pay to the Plaintiff 68,253,257 won and 7,376,545 won a rate of 22% per annum from June 16, 1999 to the date of full payment," and the plaintiff was granted the succeeding execution clause against the above judgment.

B. B completed the registration of creation of the right to collateral security (hereinafter “registration of creation of the right to collateral security”) with the maximum debt amount of KRW 200,000,000 on January 16, 1997 with respect to each real estate listed in the attached list (hereinafter “each real estate of this case”) by the permanent registry office of the Daegu District Court, Daegu District Court No. 834, Jan. 16, 1997.

C. At the present active property B, there are each of the instant real estate worth approximately KRW 105,00,000 in the market price and approximately KRW 90,000,00 in the market price. On the other hand, as small-sized property, the above debt amount reaches KRW 1,121,783,651 in terms of July 28, 2014.

[Reasons for Recognition] The facts without dispute, Gap evidence 1-2, Gap evidence 2-1, 2-2, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion is null and void due to the absence of the secured obligation. Even if the secured obligation exists, the Plaintiff filed a claim for cancellation of the registration of the instant collateral security establishment with the Defendant by subrogationing B, who was insolvent, by asserting that the extinctive prescription of the secured obligation has expired since 10 years elapsed from January 16, 1997, which created the instant collateral security right.

B. As to the Defendant’s assertion, the Defendant lent approximately KRW 170,000,00 to B from around 1993 to around 1997, and set up the instant collateral security as the secured claim, and thereafter, was reimbursed the said obligation from B at any time, and B has approved the secured obligation of the instant collateral security.

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