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(영문) 광주지방법원목포지원 2020.08.26 2019가단6353
근저당권말소
Text

1. On February 11, 2019, the Defendant and Nonparty C with respect to each real estate indicated in “the indication of real estate” in the separate sheet.

Reasons

Facts of recognition

The plaintiff is the management institution of the D Union established under the Credit Guarantee for Farmers and Fishermen Act.

The non-party C loaned KRW 14,500,000 from the E Association on September 18, 2017 (Evidence A) and the Plaintiff issued a credit guarantee certificate under this loan agreement.

(A) around May 21, 2018, C lost profits from the loans owed to E by the Plaintiff. On August 29, 2019, the Plaintiff subrogated to E Association KRW 15,052,108 as a credit guarantee agent for the principal and interest of C’s loan obligations.

(A) No. 4). The registration of the establishment of a right to collateral security (No. 4) completed the registration of the establishment of a right to collateral security (No. 50,000,000 won with the maximum debt amount received on March 5, 2019, as the registration of the establishment of a right to collateral security (No. 1,2, and No. 4) on the real estate indicated in the attached list No. 1, 2, and 4, as well as the registration of the establishment of a right to collateral security based

C With respect to the real estate indicated in [Attachment] Nos. 3 and 5 as indicated in the “Indication of Real Estate” List No. 3 and 5, the Gwangju District Court completed the registration of the establishment of the right to collateral security based on the contract on February 11, 2019, the maximum debt amount of KRW 20,000,000, and the establishment of the right to collateral security based on the contract as of March 5, 2019

(1) The Defendant filed a lawsuit against C on March 21, 2019, claiming the return of loan (hereinafter “related lawsuit”) under the court’s 2019Da51216 against each real estate indicated in the attached list “the instant real estate” and each of the above collateral security (hereinafter “instant collateral security”). On October 23, 2019, the court rendered a judgment that “C shall pay to the Defendant the amount calculated at the rate of 12% per annum from March 28, 2019 to the date of full payment.”

C filed an appeal, but the petition of appeal was dismissed, and the judgment on November 22, 2019 became final and conclusive.

In the relevant case, ① the Defendant lends the principal amount of KRW 163,100,000 to C from September 28, 2018 to November 26, 2018, which is the closing date of the relevant lawsuit.

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