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(영문) 부산지방법원 2015.11.05 2015가단216259
근저당권말소
Text

1. The defendant is Daegu District Court with respect to each real estate listed in the separate sheet to B, C, D, E, F, G, H, I, J, K, and L.

Reasons

1. Basic facts

A. On June 9, 1997, the Plaintiff entered into an installment sales guarantee contract with the O for the purpose of guaranteeing the payment of the installment sales price for Hyundai Motor Ship Co., Ltd. (hereinafter “O”) under the joint and several surety of the network N (hereinafter “the network”). From May 23, 1997 to May 22, 2000, the Plaintiff concluded an installment sales guarantee contract with the insured as of June 9, 1997.

B. On February 22, 1998, the Plaintiff paid 27,104,747 won to the Hyundai Motor on March 30, 1999, which caused an insurance accident where theO failed to perform its obligation to Hyundai Motor.

C. On February 8, 2001, the Plaintiff filed a lawsuit against the Deceased with Busan District Court 200Kadan86058, and was sentenced to the judgment of February 8, 2001 that "the deceased shall pay to the Plaintiff 27,104,747 won per annum from March 31, 1999 to April 29, 199; 14% per annum from April 30, 199 to August 22, 199; and 21% per annum from August 23, 199 to August 22, 199; and the above judgment became final and conclusive around that time."

On the other hand, on December 4, 2002, the deceased died after having left B, C, D, E, E, F, G, H, I, J, K, and L (hereinafter “the deceased’s heir”).

E. On December 9, 2011, the Plaintiff filed a lawsuit against the deceased’s heir who was subject to a judgment on qualified acceptance as Busan District Court Decision 2010Kadan123451, and sentenced on December 9, 201, “the deceased’s heir shall pay KRW 2,464,067, respectively, within the scope of the property inherited from the deceased, and delay damages therefrom,” and the above judgment became final and conclusive around that time.

F. Meanwhile, on March 23, 1998, the deceased on March 23, 1998, registered the establishment of a mortgage over KRW 30,000,000 with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) to the defendant on the attached list (hereinafter “registration of the establishment of a mortgage over this case”).

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