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(영문) 청주지방법원영동지원 2019.05.31 2019가단35
근저당권말소
Text

1. The Defendants shall each E with respect to each real estate listed in the separate sheet, such as Youngju District Court Young-dong Branch, etc.

Reasons

1. The Plaintiff entered into a credit guarantee agreement with E as the management institution of the FF Credit Guarantee Fund under the F Credit Guarantee Act, and issued a credit guarantee agreement, and E was loaned KRW 20 million on the basis of the credit guarantee agreement.

The Plaintiff paid 23,286,300 won by subrogation due to an accident of guarantee due to delay in the principal and interest of E’s loan, and received an order for payment as the Cheongju District Court 2015 tea37 was issued.

G on February 17, 1997, the Defendants and the Defendants entered into a contract to establish a mortgage on each real estate listed in the separate sheet (hereinafter “each real estate of this case”) with the maximum debt amount of KRW 20 million, and the debtor G with respect to each real estate of this case, and the Defendants completed the registration of the establishment of a mortgage on each real estate of this case as the Youngju District Court No. 1703, Feb. 197, 1997.

Since then, on December 11, 1998, G entered into a sales contract with E to sell one-third of the shares of each of the instant real estate, G had completed the registration of ownership transfer as the receipt No. 12969 on December 18, 1998 with respect to one-third shares of each of the instant real estate to E.

Since the above collateral obligation as to each of the instant real property has expired by prescription on February 19, 2007, the Defendants are obligated to implement the registration procedure for cancellation of the establishment registration of the above collateral to E, a co-owner of each of the instant real property.

The plaintiff shall exercise the right to claim cancellation of registration against the defendants of E in subrogation of the right to claim cancellation in order to preserve his/her claim as a creditor of E.

2. Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act (Judgment by deemed as private capital) of each applicable provision of Acts;

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