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(영문) 수원지방법원 성남지원 2017.03.15 2016가단215430
근저당권말소
Text

1. The defendant shall receive on March 28, 1995 from the Jeju District Court Seopopool registry office with respect to the real estate stated in the attached list to B.

Reasons

1. Facts of recognition;

A. On September 22, 1994, the Plaintiff entered into a guarantee insurance contract with C Co., Ltd. (hereinafter “C”), and B jointly and severally guaranteed this.

B. However, due to C’s nonperformance of obligation, the insured event occurred on March 30, 1995, and the Plaintiff paid the insured insurance money under the said surety insurance contract on December 11, 1995.

C. Thereafter, on October 21, 2010, the Plaintiff filed a payment order with the Seoul Central District Court 2010 tea75307 against B, etc., which is a joint guarantor of the said guaranteed insurance contract, and issued a payment order with the above court that “B, etc. jointly and severally issued a payment order with the Plaintiff that “B, etc. shall pay the Plaintiff the amount of KRW 123,491,780 and the delay damages therefor (hereinafter “instant indemnity payment”).” The said payment order was finalized on November 12, 2010.

On the other hand, as between March 25, 1995, D concluded a mortgage contract with D with respect to real estate listed in the separate sheet listed in B, the maximum debt amount is 20,000,000,000 won, and the debtor B and the mortgagee entered into a mortgage contract with D, and accordingly completed the registration of establishment of the neighboring mortgage (hereinafter “the registration of establishment of the neighboring mortgage of this case”) with the Jeju District Court No. 12053, Mar. 28, 1995.

E. On August 1, 2012, the Defendant, as his father, concluded a contract with D to acquire the instant right to collateral security and its secured claim from D, and accordingly, completed the supplementary registration of the transfer of the instant right to collateral security by the Jeju District Court No. 30715, August 6, 2012.

(f) B is currently insolvent.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3 (including each number in case of additional evidence), witness D's testimony, each fact inquiry results against the head of the branch office of this court, the result of the order of submission of tax information to the director of the branch office of the tax office to the head of the branch office, the purport of the whole pleadings.

2. Determination

A. According to the above facts of recognition as to the cause of the claim, this case is examined.

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