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(영문) 부산지방법원동부지원 2016.11.23 2016가단205627
근저당권말소
Text

1. As to each real estate listed in the separate sheet to B, the defendant shall register with the Busan District Court Dong Branch of the District Court and July 30, 1998.

Reasons

1. Facts of recognition;

A. B entered into a credit guarantee agreement with the Plaintiff on June 1, 1998, setting the amount guaranteed as KRW 20 million.

B. B, under the Plaintiff’s credit guarantee, was loaned KRW 20 million from the Dongsan Agricultural Cooperative on September 2, 1998.

C. B was unable to repay the debt owed to the Dongsan Agricultural Cooperative, and the Plaintiff subrogated to KRW 18,831,739 on April 25, 2001, and the amount of the Plaintiff’s indemnity against B under the credit guarantee agreement as of March 30, 2016 is KRW 61,048,620.

B concluded a mortgage contract with the Defendant on July 29, 1998 with a maximum debt amount of KRW 30 million, which was based on which the establishment registration of mortgage was completed with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) on the ground of this conclusion.

E. B is currently insolvent.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 9, and reply to the inquiry of facts to the plane captain group of this court

2. Determination

A. The Defendant asserted that the establishment registration of a mortgage of each of the instant units was completed in order to lend money to B and secure the loan claim, but did not disclose the date of the lease, the repayment period, etc.

Therefore, the Defendant’s loan claim against B was established at least at the time of completion of the registration of creation of a new mortgage of each of the instant cases, and it cannot be deemed that the repayment period was not set otherwise.

B. Therefore, since ten years have elapsed since the date of establishment of the Defendant’s loan claim, the expiration of the extinctive prescription expired, and the Defendant is obligated to implement the registration procedure for cancellation of the registration of establishment of each of the preceding units of the instant case upon the Plaintiff’s subrogation of B in insolvent condition.

3. The plaintiff's claim for conclusion is justified and accepted.

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