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(영문) 광주지방법원해남지원 2015.11.05 2014가단20834
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 25, 2002, the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of each of the instant parcels”) was completed on July 25, 2002, consisting of the debtor B, mortgagee C, and maximum debt amount of 50 million won.

(No. 2. 1 and 6). (b)

After that, on September 27, 2010, registration of the establishment of the mortgage of this case was completed on September 27, 2010 in addition to the registration of the establishment of the mortgage of this case due to the transfer of the contract

(No. 2. 1 and 6. (c)

However, the Plaintiff filed a lawsuit seeking reimbursement based on a credit guarantee agreement on June 22, 2005 with the Gwangju District Court Decision 2012Kapo-Ma50924 (hereinafter “B, etc.”). On September 28, 2012, the said court rendered a judgment that “B, etc. jointly and severally with the Plaintiff for KRW 11,558,670 and for KRW 77,690,163 from September 28, 2007 to September 5, 2012, KRW 15% per annum and KRW 20% per annum from the following day to the date of full payment,” and the said judgment became final and conclusive as is.

(A) Evidence Nos. 1-1, 2. [Grounds for recognition] / 1, 1-2, and 1-6 of Evidence Nos. 1-1, 2, and 2-1 and 6, and the purport of the whole pleadings.

2. Summary of the parties’ assertion

A. As the cause of the instant claim, the Plaintiff asserts that the registration of creation of each of the instant collateral units was completed by fraudulent means without the secured debt, and that the cause was null and void or ten years have elapsed since the date of registration, and that the secured debt was extinguished by prescription, and that, in subrogation of B in order to preserve the claim for prohibition of reimbursement against B, the Plaintiff sought the cancellation of each of the instant collateral units establishment registrations against the Defendant.

B. As to this, the Defendant: (a) The registration of creation of a mortgage of each of the instant units of the instant units was completed in order to secure the obligation to return the loan by lending C the amount of KRW 50 million to B around July 25, 2002; and (b) thereafter, the Defendant shall make a right to collateral security for the claim against C.

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