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(영문) 대전지방법원천안지원 2019.07.18 2018가단11929
근저당권설정등기말소등기
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1. The defendant is the Daejeon District Court's Busan District Court's ASEAN branch office with respect to 1/3 of the 4,026 square meters of Asan City D's 4,026 square meters of land.

Reasons

1. Facts of recognition;

A. C borrowed KRW 5,00,000 from E, and completed the registration of the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage of this case”) with respect to one-third share of KRW 4,026 square meters among KRW 4,026 square meters in Asia-si, Asan District Court of Daejeon District on September 15, 1995, as the receipt of the maximum debt amount of KRW 7,50,000,000, and the debtor C’s establishment of a mortgage (hereinafter “registration of the establishment of a mortgage of this case”).

B. On March 16, 2004, E transferred its claim against C to the Defendant, and completed the supplementary registration of the transfer of the right to collateral security to the Defendant on March 19, 2004.

C. The Plaintiff concluded a credit guarantee agreement with C and issued a credit guarantee certificate to obtain a loan from the F Cooperatives, and subrogated for the overdue loan, and filed a lawsuit for indemnity amount claim under the Daejeon District Court Decision 201Da12718, Sept. 16, 2011, which rendered a judgment that “C shall pay to the Plaintiff 49,414,603 won and 7,997,586 won among them at the rate of 15% per annum from March 1, 2011 to the day of full payment, and C and G shall jointly and severally pay to the Plaintiff 124,530,130 won and 45,065,568 won, which is calculated at the rate of 15% per annum from March 1, 2011 to the day of full payment,” and the judgment became final and conclusive as above.

C bears a large amount of debt in addition to the above judgment amount against the plaintiff, and is insolvent.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, Gap witness Eul's testimony, the purport of whole pleadings

2. Determination

A. 1) Determination of the cause of the claim 1) Recognition of the Plaintiff’s claim for reimbursement against C, and recognition of the need to preserve the creditor subrogation lawsuit since C did not seek the cancellation of the registration of establishment of the creation of the creation of the neighboring mortgage of this case against the Defendant even though C is insolvent. 2) The fact that the repayment period of the loan claim, which is the secured claim of the instant right to collateral security, is not determined

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