beta
Text
The Defendants, as the Plaintiff:
A. As to the real estate stated in paragraph 1 of the attached list, Cheongju District Court Macheon Registry of 2007.
Reasons
1. Facts of recognition;
A. On March 5, 2007, E entered into a mortgage agreement with the deceased on the real estate listed in paragraphs 2 and 3 of the [Attachment List No. 2 and 3 (the former Gok-gun, Chungcheongnamcheon-gun, divided and land categoryed into the real estate listed in the annexed Tables No. 2 and 3; hereinafter collectively referred to as the “instant land”). On March 6, 2007, E entered into a mortgage agreement with the deceased, E, the obligor, and the maximum debt amount of KRW 15,00,000 with respect to the instant land (hereinafter referred to as the “instant one collateral mortgage”), and on March 6, 2007, the registration of the establishment of a neighboring mortgage agreement based on the said mortgage agreement was completed with respect to the instant land to the deceased.
B. On December 5, 2007, E entered into a mortgage contract with the deceased on the real estate indicated in Paragraph (1) of the attached list owned by E (hereinafter “the instant building,” and collectively referred to as “each of the instant real estate”). On December 6, 2007, E concluded a mortgage contract with the deceased, with the maximum debt amount of KRW 20,00,00 with respect to the instant land and the instant building (hereinafter “instant second collateral mortgage”). On December 6, 2007, E completed the registration of the establishment of a mortgage on the instant building based on the said mortgage contract.
C. On November 9, 2009, the Korea Credit Guarantee Fund filed an application for the payment order against E for the reimbursement claim (Seoul Western District Court Decision 2009Da12378), and on November 9, 2009, the above court issued the payment order to the effect that “E shall pay to the Plaintiff KRW 9,402,675 and delay damages for KRW 8,235,69 among them” (hereinafter “instant payment order”), and the above payment order was finalized around that time.
On October 31, 2017, the Credit Guarantee Fund transferred claims based on the instant payment order to the Plaintiff, and at that time notified E of the transfer of claims.
E. The Deceased died on January 2, 2013, and the Deceased.