(영문) 의정부지방법원 고양지원 2017.02.15 2016가단78437

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(영문) 의정부지방법원 고양지원 2017.02.15 2016가단78437

근저당권말소

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1. The defendant shall support the non-party B with respect to the 114m2 and D 919m2 at the time of strike to the non-party B.

Reasons

1. On November 14, 2006, one bank extended a loan of 372 million won to B (hereinafter “instant loan claims”) and thereafter forfeited the benefit of time.

The Han Bank transferred the instant loan claim in the order of Korea EF&A Co., Ltd., our UNF&A 24th securitization specialized company, and the Plaintiff’s claim against B was KRW 71,754,208.

The defendant has received the registration of establishment of a neighboring real estate from E, the former owner of each of the following real estate, and the relationship of rights, etc. thereafter are as follows:

(1) The registration of the establishment of a new mortgage on September 24, 2001 and the registration of the establishment of a new mortgage on September 24, 2001 (hereinafter “each of the instant mortgage”). The registration of the establishment of a new mortgage on September 28, 2007, where the Defendant for the registration of the establishment of a new mortgage has completed the registration of the establishment of a new mortgage on September 24, 1990 on June 28, 2001, the debtor E and the Defendant on June 4, 2007, the registration of the establishment of a new mortgage on June 24, 2007, with the maximum debt amount of 40 million won indicated on June 4, 2007, the registration of the establishment of a new mortgage on June 28, 2007, including the ownership transfer on June 19, 208, the ownership transfer on June 20, 2007, the ownership transfer on June 28, 2007.

2. The parties' assertion

A. Each of the instant claims asserted by the Plaintiff is registration of invalidity of cause without secured claim.

Furthermore, the secured claim was finalized on June 20, 2002, and the prescription period was terminated on June 20, 2012 after 10 years elapsed.

The plaintiff may seek the cancellation registration of the right to collateral security in subrogation of B in order to preserve his claim against B.

B. The defendant's assertion that the mortgage of the defendant changes in future claims.

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