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(영문) 서울중앙지방법원 2016.07.15 2015가단5294928
근저당권말소
Text

1. The defendant on April 6, 2007, with respect to the real estate stated in the attached list to the plaintiff by the Seoul Central District Court.

Reasons

1. Facts of recognition;

A. On April 6, 2007, the Defendant lent KRW 600,000,00 to the Seongdong Industrial Development Co., Ltd. (hereinafter “Masung Industrial Development”) as of February 6, 2008. The Defendant jointly and severally guaranteed the obligation to return the above loan to the Defendant in the Ssung Industrial Development on the same day.

B. On April 6, 2007, B concluded a mortgage agreement with the Defendant by providing the real estate listed in the attached list owned by oneself as a security for the joint and several surety obligation under the preceding paragraph. Based on the above agreement, the Seoul Central District Court rendered on April 6, 2007 the registration of establishment of a collateral for the debtor B and the mortgagee as the Seoul Central District Court registry No. 20607, the maximum debt amount was 600,000,000 won, and the debtor B and the mortgagee as the defendant.

C. SBA Savings Bank (hereinafter “SBA Savings Bank”) received a decision in lieu of the conciliation in the case of 2011 Ma11 Ma17751 conciliation in which the lawsuit was pending, and filed against CBS Savings Bank (hereinafter “instant case number”) against CB, B, D, and E, a debtor for credit transaction, etc., and received a decision in lieu of the conciliation in which the aforementioned CBS Savings Bank would jointly and severally pay the unpaid amount in the case of 201 Malo1 Ma17751 conciliation in the process of the lawsuit. This decision became final and conclusive around that time.

However, B did not perform the obligation confirmed by the decision in lieu of the above conciliation, and therefore, B was obligated to pay 108,886,704 won to SB Savings Bank and compensation for delay at the rate of 20% per annum from July 16, 201 to the date of complete payment. The above claim against SB Savings Bank was transferred from SB Savings Bank to the Plaintiff according to the asset transfer agreement concluded as of December 19, 2014, and the above assignment was notified to B on January 20, 2015.

[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1 to 4, and Eul No. 1 to 1.

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