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(영문) 부산지방법원 2018.02.08 2017가단301113
근저당권말소
Text

The motion for succession of this case shall be dismissed.

The defendant B shall be the real estate in the separate sheet No. 1 and No. 2.

Reasons

Facts of recognition

The Plaintiff’s preserved claim D with H is jointly and severally guaranteed as to a bill transaction agreement entered into with H Co., Ltd. (hereinafter “G”), and G under the said bill transaction agreement, issued a promissory note of KRW 680 million to H on February 10, 1998, and borrowed a loan equivalent to the said amount.

The bankruptcy trustee of H filed a loan claim with the Busan District Court 2006Kadan128633, which claimed for a final delay damages incurred from September 18, 2001 after the above loan, and sentenced on March 29, 2007 to the effect that "D et al. jointly and severally pay 362,739,568 won to the Korea Deposit Insurance Corporation," which became final and conclusive around that time.

(hereinafter “Preservation Claim”). On July 25, 2012, the Korea Deposit Insurance Corporation entered into an asset transfer agreement with the Plaintiff on the transfer of H’s assets (hereinafter “instant asset transfer agreement”) and attached Form G to the principal debtor G on August 27, 2012

1. The assignment of claims, such as the description, was notified

(hereinafter “Notification of Assignment of First Claim”). D, and E, the Busan District Court of Busan District, Busan District Court of Law No. 835 on December 5, 1992, completed the registration of creation of a mortgage with respect to the real estate of KRW 1,00,000,000,000 for the maximum debt amount, as indicated in the separate sheet No. 1,2, and 35 on December 5, 1992 (hereinafter “instant real estate”).

(hereinafter referred to as “first collateral security”) D and E completed the establishment registration of a mortgage on real estate in the attached list No. 56304, Nov. 27, 1996, which was set forth in the attached list No. 2 and paragraph (3) of the same Article, with respect to real estate in the attached list No. 350,000,000, the maximum debt amount, G of the debtor, the Defendant Housing and Urban Guarantee Corporation (mutual name before the modification: Housing Business Mutual Aid Association; hereinafter referred to as “Defendant Corporation”).

(2) On February 20, 2003, the first secured debt and the amendment of the first secured debt are acquired by transfer of I, J, and K-mortgage and completed the registration of transfer of the second secured debt on March 6, 2003.

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