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(영문) 수원지방법원 2017.09.12 2016가합80959
근저당권말소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 9, 2008, the Plaintiff filed a claim for reimbursement with the Seoul Central District Court Decision 2008Da289787, and on October 9, 2008, the court rendered a judgment of 19% per annum from February 7, 1992 to February 29, 1992 with respect to KRW 82,223,151 to the Plaintiff jointly and severally, and KRW 71,502,797 to the Plaintiff; KRW 21% per annum from the following day to February 28, 1993; KRW 20% per annum from the next day to July 31, 1993; KRW 17% per annum from the next day to January 31, 1998; and KRW 20% per annum from the next day to August 21, 2008 to the date of full payment; and KRW 18% per annum from the next day to 20% per annum.

B. K owns each real estate listed in the list of [Attachment 3] (hereinafter “each of the instant real estate”), and with respect to each of the instant real estate, the registration of the establishment of the establishment of the mortgage in Suwon District Court (Seoul District Court No. 13455, Apr. 16, 1991; KRW 200,000,000; KRW 34069,000; KRW 100,000; KRW 34069,000; and KRW 34069,000,000,0000; and KRW 10,000,000; and

C. Meanwhile, on the other hand, the deceased on June 24, 2013, and the inheritor was the wife D, children E, F, G, Defendant, and Defendant (Appointed) B.

The deceased M was killed on April 1, 2003, and the heir was the wife H, the heir I, the J and the Defendant (Appointed Party) C.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, 2-1, 2, 3, and 5, the purport of the whole pleadings

2. The Plaintiff’s assertion of each of the instant real estate is based on the network L and M, respectively, 1-B.

The secured claim in the registration of creation of each collateral was extinguished after the extinctive prescription has expired.

Therefore, the plaintiff is therefore entitled to the above 1-A.

The creditor of the indemnity against K, as described in the paragraph, is the deceased, M in subrogation of K.

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