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Reasons
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(영문) 대구지방법원상주지원 2017.06.07 2016가단10376
근저당권말소
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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, based on the payment order (Seoul Central District Court 2016 tea307471) with respect to B, “The Plaintiff has the claim for damages for delay calculated at the rate of 17% per annum from August 16, 2016 to the date of full payment with respect to the principal amount of KRW 32,331,864 and the principal amount of KRW 9,017,569, out of the above amount received from financial institutions.”

B. B as the owner of each real estate listed in the separate sheet (hereinafter “the instant real estate”), concluded a mortgage contract with the Defendant with a maximum debt amount of KRW 70 million on May 6, 1996, and for the same month.

9. The registration of creation of a neighboring mortgage shall be completed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3-1 to 4, the purport of the whole pleadings

2. Considering that the date of entering into a contract to establish a right to collateral security with the Defendant on May 6, 1996, the secured obligation was previously incurred, and ten years have passed thereafter.

Therefore, the Plaintiff seeks the cancellation of the registration of the establishment of a neighboring mortgage on the instant real estate in subrogation of B.

3. Determination

(a) Where the creditor's right to the debtor to be preserved by subrogation is a monetary claim with respect to the necessity of preservation on behalf of the debtor, the creditor may exercise his/her right to the third debtor on behalf of the debtor only when the debtor is insolvent;

(see, e.g., Supreme Court Decision 2008Da76556, Feb. 26, 2009). First, we examine B’s small property.

In full view of the statements in Gap evidence Nos. 1, 2, and 4, the president of the Credit Information Agency of this Court, the resident address, the head of the Si in Busan, the head of the Si in Busan, and the head of the Si/Gun/Gu in Busan, as of March 6, 2017, the Plaintiff’s bonds and interest on the Plaintiff’s bonds as of March 6, 2017, which were close to the time of closing the argument in this case, are KRW 41,053,079, and local taxes, etc. which were not paid by

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