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(영문) 서울북부지방법원 2015.03.27 2014가단115596
근저당권말소
Text

1. The Plaintiff:

A. Defendant A shall register the deputy branch of the Daegu District Court with respect to the real estate stated in the attached list 1.

Reasons

1. Facts of recognition;

A. On June 23, 1999, the Plaintiff entered into a credit guarantee agreement with Nonparty G (H representative) and issued a written credit guarantee agreement. G submitted the said written credit guarantee agreement to a national bank to obtain a loan of KRW 50,000,000, and repaid it, which caused a credit guarantee accident on December 6, 199.

On May 22, 2000, the Plaintiff repaid KRW 37,444,111 to the National Bank on behalf of G in accordance with the above credit guarantee agreement.

B. The Plaintiff filed a lawsuit against G with the Seoul Western District Court 2005Kadan9671, and on July 6, 2005, the above court rendered a favorable judgment against the Plaintiff: “G shall pay to the Plaintiff 37,413,346 won and 37,413,31 won out of the above 37,413,331 won and 18% per annum from May 22, 2000 to June 9, 2005, and 20% per annum from the next day to the full payment date.” The above judgment became final and conclusive around that time.

C. Meanwhile, on June 10, 199, G completed the registration of creation of a mortgage on June 9, 199, with respect to the real estate listed in the separate sheet No. 1, as the grounds for registration, on June 10, 1999, with regard to the establishment of a mortgage on June 9, 199, the contract, the maximum debt amount, the Defendant of the right to collateral security, and the debtor G, and on April 1, 200, with respect to each real estate listed in the separate sheet No. 1, the contract, the maximum debt amount, the secured debt amount, the amount of KRW 84 million on April 1, 200, the mortgagee I, and the debtor G (hereinafter referred to as the “registration of establishment of a mortgage of each of the instant cases”).

G and type-related I died on March 6, 2013, and Defendant B, the spouse, succeeded to I’s property as inheritance shares of 2/11, respectively, by Defendant C, D, E, and F, who are lineal descendants.

F. G is in an insolvent state at the time of the closing of the instant argument.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, and 3 evidence 1, 2, Gap evidence 4-1 to 4, Gap evidence 5-1 to 5, and the purport of the whole pleadings

2. Determination as to the claim against Defendant A

A. The plaintiff's assertion is as seen earlier.

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