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(영문) 수원지방법원 2020.07.21 2019나72489
근저당권말소
Text

The appeal by the defendant (appointed party) is dismissed.

Expenses for appeal shall be borne by the defendant (appointed party).

purport, purport, and.

Reasons

1. Facts of recognition;

A. On December 12, 1997, G borrowed money from I for the registration of establishment of a neighboring district court and inheritance relation 1) G, the real estate stated in the Disposition No. 34776 on December 12, 1997 (hereinafter “instant real estate”).

On December 11, 1997, regarding the establishment registration of a mortgage (hereinafter “the instant mortgage”) was completed on the ground of the contract to establish a mortgage, the maximum debt amount of KRW 50 million, G of the debtor, and I as the mortgagee of the right to collateral security (hereinafter “the instant mortgage”).

(2) The instant mortgagee I died on October 7, 2015, and his/her property was inherited to the Defendant (Appointed Party) and the appointing party.

They' shares in inheritance are 3/9 and 2/9, respectively, by the designated parties, and by the remaining designated parties.

(hereinafter referred to as the "Defendant, etc."). B.

The Plaintiff’s lawsuit taking-off 1) G concluded a loan agreement with H and lost the benefit of time by failing to repay the loan amounting to KRW 30 million, and thereafter, H’s loan claim against H is deemed to be the Korea Asset Management Corporation on September 30, 1998 and A Co., Ltd. on September 18, 2012 (hereinafter “instant company”).

2) On October 21, 2015, the Korea Asset Management Corporation received a favorable judgment from G by filing a lawsuit against G to claim for the amount of transfer money as Seoul Central District Court Decision 2004Da315275, and the instant company filed a lawsuit for the claim for the amount of transfer money with the Seoul Central District Court 2015da5167743 in order to suspend the completion of the said final judgment. On October 21, 2015, “G shall pay to the instant company the amount of KRW 69,483,024 and KRW 30,000,000 per annum from September 10, 2004 to the date of full payment.” The said judgment became final and conclusive as is on November 6, 2015.

3. The instant company seeks the cancellation of the instant right to collateral security on behalf of the Defendant, etc. in subrogation of G with the claim under the said final judgment as the preserved right.

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