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(영문) 서울중앙지방법원 2014.09.25 2014가단66947
근저당권설정등기말소등
Text

1. As to each real estate listed in the separate sheet in the defendant corporation, defendant corporation, Eul, and Eul.

Reasons

1. Facts of recognition;

A. Each real estate listed in the separate sheet (hereinafter “each real estate of this case”) is jointly owned by B, C, D, E, and F in their shares.

B. On October 10, 1994, the registration of the establishment of a neighboring establishment on the ground of the contract concluded on October 10, 1994 was completed, under Article 10618 of the Bupyeong District Court’s 10618, for each of the instant real estate by the debtor G, the mortgagee, the Defendant of the collective security interest, the maximum debt amount, KRW 350,000,000, and KRW 350,000.

C. On January 26, 1995, the Plaintiff entered into a guarantee insurance contract with Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “the instant guarantee insurance contract”) (hereinafter “the instant guarantee insurance contract”) with B, and C jointly and severally guaranteed all obligations owed to the Plaintiff according to the instant guarantee insurance contract.

Upon occurrence of an insured incident on February 16, 1996, the Plaintiff paid KRW 10,953,590 insurance proceeds to Samsung Fire on August 2, 1996.

E. On June 1, 2001, the Plaintiff filed a lawsuit against B and C with the Seoul Central District Court 2001Kadan150378, and was sentenced to a favorable judgment on December 7, 2001. The above judgment became final and conclusive on January 6, 2002.

Then, the Plaintiff filed a lawsuit against B and C on August 29, 201 for the extension of the statute of limitations for the claim for indemnity amount under the Seoul Central District Court Decision 201Da2101597, and the decision of performance recommendation as to B was finalized on October 13, 201, and as to C, the favorable judgment was issued on December 22, 201, and became final and conclusive on January 12, 2012.

F. On October 21, 2003, Defendant Pyeong-gun seized the Defendant Syman’s right to collateral security against G on the ground of the seizure on each of the instant real estate on October 23, 2013, the seizure registration was completed for the instant real estate on October 23, 2013.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The above facts of recognition.

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