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(영문) 창원지방법원거창지원 2016.05.24 2015가단11446
근저당권말소
Text

1. As to each real estate listed in the separate sheet to B, the Defendant shall have the Changwon District Court's branch office, etc. on April 29, 1997.

Reasons

1. Facts of recognition;

A. B, on October 22, 2001, upon entering into a credit guarantee agreement with the Defendant, which is the management institution of farmers and fishermen of the Agricultural Credit Guarantee Fund, and obtaining a credit guarantee certificate, loans of KRW 41,00,000 from the living agricultural cooperative, but failed to repay the loans.

B. On April 11, 2006, pursuant to the aforementioned credit guarantee agreement, the Plaintiff paid the Defendant the principal and interest of KRW 40,140,624 on behalf of the Defendant. On May 9, 2011, the Plaintiff filed an application for a payment order with the Changwon District Court for the payment of the amount of KRW 201 tea1,1218. On May 23, 2011, the said court issued a payment order with the purport that “B shall pay the Plaintiff the amount of KRW 70,731,270 and the amount of KRW 40,140,624 at a rate of 15% per annum from April 27, 201 to the date of full payment,” and the said payment order was finalized around that time.

C. On the other hand, on April 29, 1997, B completed on April 28, 1997 the registration of creation of a mortgage (hereinafter “instant mortgage”) against each of the real estates listed in the attached list (hereinafter “each of the instant real estates”) to the Defendant, on the ground of a mortgage contract on April 28, 1997, the maximum debt amount was KRW 60,000,000, B, and the debtor and the mortgagee as the Defendant.

[Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including virtual number), the purport of the whole pleadings

2. In light of the following factors: (a) the determination of the cause of the claim is examined; (b) the entry of the evidence Nos. 3 and 4 (including paper numbers); and (c) the inquiry results of the fact-finding with respect to the head of the Si/Gun of this court; and (b) the officially assessed value of each real estate of this case and the amount of debt Nos. 3 and 4 (including

(A) Although it is not clear whether the real estate owned by 1,002 square meters prior to the Seoul Special Metropolitan City, Chungcheongnam-gun is a single owner of the above real estate, considering the amount of the officially announced land price, the above recognition does not interfere with the above recognition. Furthermore, according to the facts recognized earlier, this is examined.

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