(영문) 대전지방법원논산지원 2014.10.16 2014가단1310

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(영문) 대전지방법원논산지원 2014.10.16 2014가단1310

근저당권설정등기말소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1, 2, and 1-1, 2, and 3, as well as the overall purport of the arguments as a result of the defendant's examination:

1) The Overseas Credit Union Co., Ltd. (hereinafter referred to as the “Overseas Credit Union”)

(2) The non-party union transferred the above loan claims to the Plaintiff and notified C of the transfer of the above loan claims.

3) On February 14, 2014, the heir stated in the attached list filed a lawsuit for the claim for the amount of transfer money with the Daejeon District Court 2012Gau2480, Daejeon District Court 2010, which rendered the judgment that the heir stated in the attached list should pay the Plaintiff within the scope of inheritance among the above loans.

(D) However, as a joint and several surety for part of the above loan debt, D was sentenced to the full payment only for that part).

On June 28, 1999, the creation C of the instant right to collateral security concluded a contract with the Defendant, a deceptive act, and completed the registration of the establishment of the instant right to collateral security in the future of the Defendant with the maximum debt amount of KRW 30,000,000.

2. The parties' assertion

A. The Plaintiff’s assertion that the secured claim of the instant right to collateral was not established, or the secured claim of the instant case (or the secured claim thereof) was established by false agreement, and thus, is null and void, or since the secured claim of the instant right to collateral was extinguished by repayment or expired by prescription, the Defendant is obligated to perform the registration procedure for cancellation of the registration of the instant right to collateral security by the heir recorded in the attached list. The Plaintiff, as the obligee of the said inheritor, can seek performance

B. The defendant's assertion that the defendant lent 30,000,000 won to C, the senior debtor around June 199, and was established with the right to collateral of this case. The secured claim of this case is the secured claim of this case.

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