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(영문) 대구지방법원안동지원 2020.10.20 2020가단20685
근저당권말소
Text

1. C:

A. Defendant A, with respect to the 96,318 square meters of forest land D, Gyeongbuk-gun, Gyeongbuk-gun, Daegu District Court, the salary registry office of the Daegu District Court, July 27, 1992

Reasons

1. Facts of recognition;

A. On June 25, 1990, the Plaintiff concluded a credit guarantee agreement of KRW 100,000,000 with E Co., Ltd. (hereinafter “Nonindicted Company”) and guaranteed the obligations of KRW 805,000,000 for loans to the F Bank of Nonparty Company in total on ten occasions, including by guaranteeing the obligations of KRW 100,000 for F Bank of Nonparty Company.

C has jointly and severally guaranteed obligations, such as indemnity money, etc., incurred by the Plaintiff in the course of fulfilling the guaranteed obligation under the aforementioned credit guarantee agreement.

B. On July 29, 1992, the non-party company would have caused an insolvent accident on the grounds of the party fault, and the plaintiff paid to the creditors of the F Bank totaling KRW 745,69,700 from November 19, 1992 to December 16, 1002.

C. Until January 31, 2020, Nonparty Company and C repaid only part of the above indemnity and joint and several liability, and the remaining indemnity obligation as of January 31, 2020 is the principal amounting to KRW 373,67,05, substitute payment, KRW 642,109, 2,028,656,104, and penalty for attempted penalty amounting to KRW 278,210.

On the other hand, on October 5, 1991, Defendant A lent KRW 200,000,000 to C, and completed the registration of creation of collateral security (hereinafter “instant collateral security”) with regard to KRW 200,000,000,000 as to D forest land 96,318,000 square meters (hereinafter “instant forest”) owned by C, in order to secure this, Defendant A completed the registration of creation of collateral security (hereinafter “instant collateral security”).

After that, around September 198, 1998, Defendant A purchased the land for G factory in the voluntary auction procedure of real estate on the size of 12,552 square meters in Seosan-si owned by C, and offset the sale price to be paid as the purchaser and the amount to be paid as the creditor (the secured creditor of the instant mortgage) by the equal amount.

E. Defendant B received a provisional disposition of prohibition on disposal of the instant collateral security from the Suwon District Court, Sung-nam Branch, 2005Kadan6575 on September 30, 2005. Defendant B received a provisional disposition of prohibition on disposal of the instant collateral security from the Daegu District Court as the receipt of No. 7046 on October 7, 2005.

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