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1. Nonparty C:
A. The defendant A is the Daejeon District Court with respect to the real estate stated in paragraph 1 of the attached list.
Reasons
1. Claim against the defendant A;
A. On June 23, 1995, the Plaintiff entered into an installment sales guarantee insurance contract with Nonparty D’s Hyundai Motor Business Co., Ltd. on the installment payment obligation, and Nonparty C jointly and severally guaranteed the obligation under the guarantee insurance contract. 2) On September 27, 1996, the Plaintiff received insurance claim from Hyundai Motor Business Co., Ltd. on the ground of an insurance accident, and paid KRW 7,309,515 on September 30, 1996.
3) The plaintiff filed a lawsuit against D and C on March 19, 1997 in which the judgment in favor of the plaintiff became final and conclusive on March 19, 197. The plaintiff filed a lawsuit for indemnity amount claim again to extend the period of extinctive prescription, stating that "D and C jointly with the plaintiff for 7,728,040 won and 7,309,515 won among them shall be 18% per annum from January 11, 1997 to February 5, 1997, and 25% per annum from the next day to the date of full payment." On the other hand, the plaintiff completed the mortgage registration of this case (hereinafter "the maximum debt amount") with respect to the real estate of this case as stated on October 10, 206 and the list of the real estate of this case (hereinafter "the maximum debt amount") to the plaintiff for 7,309,515 won.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-5, 2-1 and 4-4, the purport of the whole pleadings
B. 1) The Plaintiff’s assertion that the instant right to collateral security was extinguished after the lapse of 10 years from the date of establishment of the right to collateral security (hereinafter “the right to collateral security”). As such, the Plaintiff sought cancellation of the instant right to collateral security by subrogation of C as the creditor of C. Defendant A around March 1, 1995, but the Defendant A purchased the instant real estate in order to use it as the right to collateral security (hereinafter “the right to collateral security”). However, it is impossible to file