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(영문) 창원지방법원진주지원 2015.07.14 2015가단1648
근저당권설정등기말소등기청구
Text

1. The defendant shall receive on March 15, 199 from the non-party B each real estate stated in the attached Form from the Changwon District Court Development Registry.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit seeking reimbursement against Nonparty B and C as Busan District Court Decision 2010Gaso86433, and the above court decided that “B and C shall jointly and severally pay to the Plaintiff 12,141,577 won and 9,103,503 won with interest rate of 19% per annum from August 23, 1999 to the date of full payment.” The above decision became final and conclusive on April 13, 2010.

B. On March 3, 1999, the Defendant completed the registration of creation of mortgage (hereinafter “registration of creation of mortgage of this case”) with respect to each real estate listed in the separate sheet owned by Nonparty B (hereinafter “each of the instant real estate”), as the maximum debt amount, KRW 80,000,000, and the debtor B and the mortgagee as the defendant, respectively, with respect to each of the instant real estate (hereinafter “registration of creation of mortgage of this case”).

C. Nonparty B is insolvent in excess of the active property as of the closing date of pleadings.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including additional number), and the result of the fact inquiry reply to the truth-finding by this court, the purport of the whole pleadings

2. The parties' assertion

A. Since the secured debt of each of the instant claims asserted by the Plaintiff did not exist from the beginning or the extinctive prescription expired, the Defendant is obligated to implement the procedure for registration of cancellation of the establishment of each of the instant claims to Nonparty B.

B. The defendant's assertion that the defendant lent KRW 65 million to B around March 15, 1999 on which each of the instant collective security rights was established, and each of the said collective security rights is a secured claim, and the defendant has received interest from B from time to time, and thus, the extinctive prescription was interrupted.

3. The determination of the right to collateral security is a mortgage created by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future, which is a large number of unspecified claims arising from continuous transactions.

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