(영문) 수원지방법원 2017.05.25 2016가단537274

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(영문) 수원지방법원 2017.05.25 2016가단537274

근저당권말소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) On August 12, 2004, the bankruptcy trustee of the former Mine Credit Cooperatives filed a lawsuit against B against the Korea Deposit Insurance Corporation for the claim for a loan by the Jeonju District Court 2002Kadan25497, and on April 11, 2003, the above court rendered a ruling ordering B to pay the above Korea Deposit Insurance Corporation KRW 35,585,922 and the damages for delay was finalized at that time. 2) The Plaintiff received the claim for the above judgment from the bankruptcy trustee of the bankrupt Mine Credit Cooperatives on August 12, 2004, and the above Korea Deposit Insurance Corporation notified B of the above assignment to B on March 31, 204 and sent the above notification to B at that time.

B. B, as the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), entered into a mortgage agreement with Sammi Business Co., Ltd. (hereinafter “Smi business”), on May 11, 1994. On May 12, 1994, as to the instant real estate, B completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) with the maximum debt amount of the instant real estate as KRW 70 million,000,000, the debtor B, and the mortgagee-mortgage.

C. On April 26, 2002, the defendant completed the registration of establishment of a mortgage on April 25, 2002 on the ground of the transfer of confirmed claim.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1 to 4 of evidence 2, the purport of the whole pleadings

2. The Plaintiff’s assertion that the right to collateral security of this case was null and void since the secured claim did not exist. Even if not, the secured claim of this case was extinguished after the lapse of the five years from May 11, 1994, which was the date of establishing the right to collateral security, on May 11, 1999.

Therefore, the plaintiff seeks to cancel the registration of the establishment of a neighboring mortgage against the defendant B by subrogation as the creditor of B.

3. Determination

A. Each of the evidence Nos. 1 through 6, 9, and 12 as to the existence of the secured claim of the instant right to collateral security.

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