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(영문) 춘천지방법원영월지원 2016.08.10 2015가단12111
근저당권말소
Text

1. The defendant shall receive on November 25, 1992 from B the Taecheon District Court, Taecheon District Court, Taecheon District Court with respect to 127 square meters in Taecheon-si.

Reasons

In fact, on May 13, 2009, the Korea Credit Guarantee Fund filed a lawsuit against D Co., Ltd., Ltd., B and E seeking the payment of indemnity with Seoul Central District Court Decision 2008Da44647, and on May 13, 2009, B and the above court rendered a judgment of 520,974,586 and B to the Korea Credit Guarantee Fund jointly with D Co., Ltd. for KRW 103,562,629 among them, from December 28, 1993 to 107,756,985 won, from March 22, 1994; 207,091,001 won from March 28, 1994 to 10,910,310, and from July 18, 1994 to 200% of the annual interest rate from the following day to 105% until 198,198.

On September 25, 2014, the Korea Credit Guarantee Fund transferred its claim against B pursuant to the above final judgment to the Plaintiff, and notified B of the assignment of the claim.

B On November 24, 1992, the Defendant entered into a mortgage agreement with the maximum debt amount of 30,000,000,000 won with respect to Taecheon-si, one’s own possession of the real estate (hereinafter “the instant real estate”), the debtor F, and the debtor as the defendant. On November 25, 1992, the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of the instant neighboring real estate”) pursuant to the said agreement was completed on November 25, 1992 by the Taecheon District Court No. 5741 on November 25, 192.

B As of May 25, 2016, the officially assessed individual land price as of May 25, 2016, is 40,132,000 won (=316,000 square meters x 127 square meters) and does not have any property other than the real estate in this case. It is the insolvent in excess of the obligation, as it bears the obligation against the Plaintiff.

【Evidence A’s evidence 1, A’s evidence 2-1, 2, 3, 4, 5-1, 5-2, 1, and 5-2, and the fact-finding results of the fact-finding on the Sil Jin market, as a result of the fact-finding, the Plaintiff’s judgment against B based on the above final judgment.

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