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(영문) 춘천지방법원강릉지원 2019.04.02 2018가단33608
근저당권말소
Text

1. On July 22, 1997, the defendant shall receive from the network D a three-dimensional registry office of the Chuncheon District Court on the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. On December 20, 1996, the network D (hereinafter “the network”) obtained loans from E (E) at the interest rate of KRW 14.5% per annum, the rate of delay interest rate of KRW 20 million per annum, and the due date of repayment on December 20, 1997. The Intervenor joining the Defendant (hereinafter “the Intervenor”) and F jointly and severally guaranteed the Deceased’s loan obligations.

E’s above loan claims were successively transferred to the Plaintiff on September 18, 2012 through the Korea Asset Management Corporation on October 11, 2002.

B. On July 22, 1997, the Deceased created the right to collateral security (hereinafter “the right to collateral security”) of KRW 35 million with respect to the real estate indicated in the attached list (hereinafter “the instant real estate”).

C. On April 22, 1998, in order for the deceased to fail to repay the above loans, E provisionally seized the instant real estate by using the above loans claims, etc. as the claims for the loans, etc., and the Korea Asset Management Corporation, which acquired the loans from E, filed a lawsuit against the deceased, the Intervenor, and the F for the claim for the transfer of the loans against the deceased and the Intervenor.

On December 3, 2006, the deceased died. G, H, and I, who are the spouse and children of the deceased, renounced inheritance on June 29, 2007. The Intervenor, who is the birth of the deceased, renounced inheritance on May 28, 2018, and J, who is the birth of the deceased, approved inheritance on the same day.

[Ground for Recognition: Facts that are remarkable to this Court, Gap evidence 1 through 4, 7, and 8 (part of the number omitted; hereinafter the same shall apply)

(ii) entry of evidence Nos. 7 and 8, as well as the purport of the whole pleading

2. As to the Plaintiff’s claim for the cancellation of the instant right of collateral security against the Defendant by subrogation of the J that succeeded to the Deceased, alleging that the claim secured by the instant right of collateral security had expired by prescription, the Defendant’s claim for the acquisition of the instant right of collateral security has already expired by the lapse of five years, and thus, the instant lawsuit is unlawful.

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