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(영문) 서울북부지방법원 2018.04.18 2016가단153264
근저당권말소
Text

1.For a stock company:

A. As to each real estate listed in the separate sheet 1, 2, 3, and 4, Defendant A.

Reasons

1. Facts of recognition;

A. The Plaintiff has a claim for the principal and interest equivalent to KRW 32,254,259 against the Chungcheong Housing Co., Ltd. (hereinafter referred to as the “BB”) with the company running non-life insurance business, such as guarantee insurance, etc.

B. For each real estate listed in the separate sheet owned by Chungcheong Housing, the registration of establishment of mortgage in the order of Defendant A, and each real estate listed in the separate sheet 1, 3, and 4 among the real estate listed in the separate sheet - the registration of establishment of mortgage in the F and B order.

C.F died on April 14, 2010, and Defendant C, D, and E are co-inheritorss with their children.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 14, purport of whole pleadings

2. Determination

A. At the time of establishment of the right to collateral security, the burden of proof as to whether there was a legal act establishing the secured claim of the right to collateral security lies in the assertion of its existence.

(See Supreme Court Decision 2009Da72070 Decided December 24, 2009, etc.). B.

Defendant A asserts that the right to collateral security was established by Defendant B, C, D, and E as the representative of the victims to secure the damage caused by the defect in the construction of a new house at the first date for pleading, and the right to collateral security established by Defendant B, C, D, and E to lend KRW 60,00,000 to a new house.

The testimony of the above evidence and witness G alone are insufficient to recognize the existence of the secured debt claimed by the Defendants, and there is no other evidence to acknowledge it.

Even if the claim is not so, it seems that the prescription has expired, and in light of the fact that the claim amount of the Seoul Central District Court 92Kadan21930 case was 34,00,000, it is insufficient to recognize that the record of the evidence No. 1 alone was suspended.

C. Upon the Plaintiff’s request by subrogation of the Chungcheong Housing, the Defendants are obligated to implement the registration procedure for cancellation of registration of cancellation of the establishment registration of each of the adjoining mortgages stated in the order.

3. Conclusion all the Plaintiff’s claims against the Defendants.

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