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(영문) 광주지방법원 2016.10.13 2015가단53976
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 24, 1995, the Plaintiff entered into a guarantee insurance contract with Nonparty H with the insured life insurance company, the insurance period from August 24, 1995 to October 22, 200, with the insurance amount of KRW 33,000,000. On September 26, 1997, the Plaintiff paid KRW 27,426,17 as insurance money to the insured. As of December 8, 2015, the Plaintiff’s claim amount for reimbursement against H was 112,62,970, and H was 12,62,970 as the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”). On March 16, 1998, the Nonparty’s heir, the heir of Nonparty 6, the heir of Nonparty 1, the heir of Nonparty 1, the heir of Nonparty 2, the heir of the instant claim, and the heir of Nonparty 3, the heir of Nonparty 1, the heir of the instant claim.

2. Determination on the grounds of the Plaintiff’s assertion

A. The Plaintiff first asserted that the registration of creation of the right to collateral security was made after the date of the occurrence of the insurance accident and that H was established in collusion with the Defendant to evade the obligation of reimbursement against the Plaintiff, and that the Plaintiff sought the cancellation of the right to collateral security by subrogation of H as the obligee of H, but there is no evidence to acknowledge this. Therefore, the above assertion is without merit.

B. The Plaintiff asserted that the secured obligation of the instant right to collateral security (hereinafter “instant secured obligation”) has expired 17 years after the date of establishment of the right to collateral security (hereinafter “instant secured obligation”) and that the Plaintiff sought the cancellation of the instant right by subrogationing H with H’s creditor. As such, the Plaintiff’s statement of No. 1 as well as the pleading.

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